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Sunday, July 29, 2007

Wrapping up 2006 and getting ready for 2007: How the legislative sessions are quietly growing together.

Every once in a while, someone asks me about work ahead in the 2007 legislative session. My response has been that we are actually still working on some things from the 2006 session.

And, of course, I am, indeed, already preparing for legislation that I will be working on in the 2007 session that starts next February. But, there are still issues from the legislative session this year that are still being hammered-out.

This is an increasing reality in Connecticut's legislature. Gone, it seems, are the days when nearly all of the work was limited to the legislature's two yearly regular sessions. To be sure, the regular sessions are the busiest time at the Capitol. But, by necessity, there is a lot of work that has to be done between the regular sessions.

An important reason for this is that, with all of the action moving legislation through the process while the legislature is actually in session, there is little time to spend doing the kind of detailed research and planning that legislators lament not having when they are actually in a position to make decisions during the regular session. Good ideas have failed because they have gotten bogged down by this. That is a reason that I am working to get as much planning an preparatory work done before February on the legislation I would like to see approved in 2007.

Another reason is that, with only one "regular" session each year, there is massive pressure to get all of the business that needs attending to in that limited time. The prospect of having to wait nearly a year to see action on an important issue just because it was not voted into law by the time the closing gavel falls has meant, even when many important things get done, many other important things do not.

So, as soon as that final gavel falls at midnight on the last day of the legislative session, legislators and others are already working to get things approved in special session. Many bills that went through the process, but were not acted on in the regular session, get tucked into what are called "implementer bills" - legislation that, theoretically, changes state law to conform with policy decisions made in the state budget. And these implementer bills are often approved, as they were this year, in a special session that happens after the regular session is over.

Even with the implementer bills approved this year, there are a number of other matters that appear likely to be acted on before the regular session next year, like the state bonding acts, which fund many important school and community capitol projects. Though the regular session ended in June, the legislature is still officially in session - a special session.

Special sessions were once, indeed, special. They were called for specific purposes and ended fairly quickly. But, with more and more demands on the state, Connecticut's way of reconciling our traditional (and constitutional) system of high-pressure annual regular sessions with the growing needs of a more complex state, is to have special sessions that continue through much of the year to allow the legislature to come back, as needed, to address the needs of the state.

Certainly, there are be better ways of doing things that Connecticut could consider.

One simple thing that could be done is a suggestion by Rep. David McCluskey of West Hartford that the legislature lift the requirement that a bill that has to go through the whole legislative process in the second year of a two year legislative term, if it has already been through that process in the first year.

We all know a lot of the long story of 'how a bill becomes a law'. There is a fairly long committee process that bills have to go through before the House and Senate can consider making them law. Bills must be subjected to public hearings, be drafted in official legal text, be reviewed by legislative researchers, be approved by their committee of origin and then be sent through a lengthly process in which they are reviewed by each committee with an expertise in each subject the legislation affects.

This is an important process to make sure, as best as possible, that the public has their voices heard and that legislation has as little unintended consequences as possible. But it is a lengthy process. And this means that, even though regular legislative sessions are months long, the practical reality is that, by the time bills make it through this lengthy process, there is only a very short time at the end of the session to approve all of the many bills into law.

What Rep. McCluskey suggests as one solution is, for example, that legislation that made it through this lengthy process in the 2006 legislative session does not have to be subjected to the same thing all over again in 2007. This would mean that, at least in the second year of each two-year legislative term, more of the regular session could be spent approving legislation in the full House and Senate rather than repeating the same process the same legislators followed on the same bills considered in the previous year.

But, I think that a more complete reform would be to break-up the high-pressure annual legislative sessions into a series of shorter regular sessions over the course of the year. So, for example, there could be four month (or six-week) long sessions a year - perhaps only three during an election year. In addition to opening up more possibilities for getting important things done, this would take away the massive rushed crush of legislative action at the end of Connecticut's regular sessions in which legislators are not able to keep track of what they are being asked to approve or reject amid the blizzard of bills sailing through as the annual deadline approaches.

These are ideas that should be considered seriously as Connecticut's increasing complex needs require moving away from an ancient legislative schedule designed when life in our state was much simpler.

In the meantime, though, I am working to build for the work ahead in 2007. I am working on plans to try again to win legislation to ensuring quality, affordable health care coverage for everyone and to reform our unfair property tax system. I am also working on other legislation that is important for the communities I represent.

I will write more details about my work on this as my planning on these starts to get more complete.

I wish everyone a peaceful summer.