January 9, 2008

State Sen. Larry George makes a good argument below where he says the legislature will usurp Oregon’s Constitution if it holds a special session next month. The Oregon Legislature is one of six nationwide that meets every other year. There has been a concerted effort in recent years to hold annual sessions. The session planned Feb. 4 is essentially to test the “viability of annual legislative sessions.” There is no fiscal emergency that merits a special session; didn’t many of us receive kicker checks in the mail recently because the state had plenty of revenue?

That said, it seems the legislature probably knew last spring it was planning to test run the annual session idea — and was going to invoke the “emergency clause” in order to do so. (The Oregon Constitution permits legislators to call a special session in the event of an emergency.) Why didn’t George, or other lawmakers, argue last year to ask voters to approve the idea first by asking voters to amend the Oregon Constitution?

Perhaps they could have put a measure on the ballot last fall, asking voters if Oregon should have annual legislative sessions. Or, at the very least, the measure could have asked voters if Oregon should be allowed to hold an annual session next month to test drive the idea.

The legislature still could have held the session had voters said no. It’s not as if lawmakers would be setting a precedent by going against the wishes of the people.