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Suspending the Constitution: Tuesday's Vote


by: Glen Maxey

Mon Jan 29, 2007 at 04:01 PM CST


Just as an "FYI" for those who are following the Legislature, but not sure what the parliamentary hoorah is all about…

Tomorrow the House will consider a suspension of the Constitution.  This is a traditional vote taken to speed up the process of being able to "get to business" which really just means being able to vote on bills on the floor.
The framers of the Constitution probably never thought we'd be dealing with 6000+ bills and resolutions each session so they set out a leisurely pace.  Thirty days of filing, thirty days of committee meetings, and then the rest of the session for floor action.  The only bills that can be voted on during this first sixty day are emergency appropriations and things the Governor makes an "emergency" through a proclamation.  (Mind you that the definition of emergency is in the eye of be beholder and/or the lobby).

Keep in mind that even with this suspension, little floor action ever happens in the first sixty days anyway. Moreover, the Speaker and Calendars committee strangle the Calendar on purpose (not just this one, but all Speakers and Calendar Commitees since the beginning of time).  When the Calendar gets backed up and there is little time, then it's no longer the Calendars Committee that is killing the bills…it's the "process and the clock". 

Damn clock has killed more member's legislation than any other thing in history.  Only thing folks forget:  all of this is planned for a train wreck on purpose.  Those who control the clock, control the process, and thereby control the agenda and outcome.

At the same time, a jammed agenda can kill a lot of bad legislation, too.  When you take time to deal with Appropriations, Sunset Bills, and the high profile stuff, it leaves few slots for run of the mill bills by Joe Bob Legislator.  And in this House, good guy legislation won't get set from the git-go, so clogging the Calendar in a broad brush sense kills lots of bad policy.  There is an argument for playing the leadership's game against them.

Tuesday's vote takes 120 firm votes meaning that 120 people must be in their chairs pushing a green button.  Conversely, 30+  red lights and/or absent members will keep non-emergency bills from hitting the floor until the 60th day.

So this is what the  debate is  about:  Whether to reign in bad legislation  by thirty members beginning the process of clogging the Calendar now.  This argument says shaving  a month's floor action off this agenda might be a good thing. 

And as someone said in another post, "Let the Governor put a very public "emergency" stamp on the lobby and right wing agenda.  Guarantees that they get to take ownership of it if they have to create an emergency to get it to the floor.

What's your opinion? Comment and vote.

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Here's what the constitutions says:
Section 5 - MEETINGS; ORDER OF BUSINESS
(a) The Legislature shall meet every two years at such time as may be provided by law and at other times when convened by the Governor.
(b) When convened in regular Session, the first thirty days thereof shall be devoted to the introduction of bills and resolutions, acting upon emergency appropriations, passing upon the confirmation of the recess appointees of the Governor and such emergency matters as may be submitted by the Governor in special messages to the Legislature. During the succeeding thirty days of the regular session of the Legislature the various committees of each House shall hold hearings to consider all bills and resolutions and other matters then pending; and such emergency matters as may be submitted by the Governor. During the remainder of the session the Legislature shall act upon such bills and resolutions as may be then pending and upon such emergency matters as may be submitted by the Governor in special messages to the Legislature.
(c) Notwithstanding Subsection (b), either House may determine its order of business by an affirmative vote of four-fifths of its membership.
Poll
Should the 60 day Constitutional Rule be suspended?
Suspend it and let the bad/good times roll.
Don't suspend and slow down the good/bad times.

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Not Suspending is bad policy (0.00 / 0)
Based on my study of the legisaltive process for more than 30 years, I favor suspending the 69-DayRule because:

1. Not suspending the 60-Day Rule gives the GOVERNOR, not the Speaker, control over the legislative agenda-which is the lesson learned by those of us who were around (and or involved) the last time the rule was not suspended. This allows the governor to weal and deal for support for his programs by offering emergency declarations for support.

2. Not suspending the 60-Day Rule means that everything else will pile up at the end of the session-including all those "peoples bills" you and I support. The effect is to dramatically increase the power of the Calendars Committee (i.e.-the Speaker and his "friends") by making their actions in putting or not putting bills on the Daily Calendar (and when they are placed there) even more important. It also increases the already strong pressure to limit debates on major issues because of lack of time and/or increases the power of the leadership to say, "You have to accept it as it is as we just don't have the time to change it".

Delaying action on items until late in the session is already a deliberate and well-honed practice used by Speaker after Speaker (including Pete Laney) to achieve their legislative goals. Not suspending the 60-Day Rule just makes it even easier for him to use time pressure as a tool to advance his/special interest's goals.


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