Last-minute legislating is typical in NJ. What can the state do to act transparently?

Last-minute legislating may happen across the country, but several lobbyists and advocates who worked in other states before coming to New Jersey say what happens here is worse than what they have experienced elsewhere.

“There are two main concerns,” said Daniel Bowen, a political science professor and public policy graduate director at The College of New Jersey. “First is the possibility for legislative leaders to ‘hide’ pieces of legislation they expect might be unpopular and rush the legislation through along with a large number of other bills. The second concern is that legislation worked on in private and not subject to public scrutiny can end up being poorly written and hastily considered.”

Others question whether New Jersey lawmakers would be interested in trying to reform the process.

“Is there a better way? I would imagine there would be,” said Michael Egenton of the New Jersey State Chamber of Commerce. “But honestly, I’m so numb and used to this … Is there any interest in really changing that?”

Here are some suggested changes offered by policy advocates and analysts:

• Use more joint committees so people don’t have to testify twice, once in the Senate and again in the Assembly and allow the legislation to get full votes in each house in the same form. “It really streamlines that process,” said Nicole Rodriguez of New Jersey Policy Perspective. “I think it will just be more efficient, not only for the Legislature, but for folks who are coming in to practice their democratic rights.”
• Give the public more advance notice of when legislation is being heard and time to review final bill language before a hearing begins.
• Allow for public comment at the beginning and end of every hearing, rather than just when a bill is being considered. Then people who may have to leave early still get to testify even if their bill has not been considered yet.
• Create other locations from which people can observe or testify at a hearing so they don’t need to travel to Trenton. Nevada has “virtual hearing rooms” outside its capital and the public can even to call in and testify by telephone. James Sullivan of ACLU-NJ said he found this to be “just as effective” as appearing in person.
• Set a time limit for the introduction of bills, thus preventing last-minute introductions during or at the end of lame duck. Bowen said this “allows leaders to plan for the efficient processing of the legislative agenda” and allow the public to see what might still come up later in the session.”

This story is made possible in part by the Corporation for Public Broadcasting, a private corporation funded by the American people.