Posted on Fri, Apr. 18, 2008

BY THE NUMBERS

Legislature's last day of deals a chaotic time

By Ryan Alessi

RALESSI@HERALD-LEADER.COM

FRANKFORT --

To understand why Kentucky's lawmakers often fail when trying to craft important policies, look no further than the final day of the General Assembly session.

Each year, the last hours of a session produce a flurry of activity wrapped in a soap-opera like atmosphere. Tuesday, which marked the 60th working day of the 60-day 2008 session, was no exception.

Tears were shed. Songs were sung. Sharp words were exchanged.

Bills were tossed aside, resuscitated and thrown away again.

All the while, the clock ticked and tocked ominously in the background until the deadline of midnight came ... and went.

Because the state's constitution orders the General Assembly to work no later than April 15, legislators took the rare and controversial step of stopping the House and Senate clocks minutes before midnight as they tried to approve one last batch of bills.

A day that began with flickers of bipartisanship ended, as it often has in recent years, with finger-pointing and frustration.

Here is a sketch of what happened and what didn't:

9:09 a.m.: Lawmakers kicked-off with bipartisan, bicameral cooperation.

The Senate Judiciary Committee approved a bill to allow collection of DNA from convicted felons. Later, another Senate panel merged two energy efficiency bills together into legislation that environmental watchdog Tom FitzGerald dubbed "one of the most significant bills" in recent years -- if it passed.

1:26 p.m.: At the other end of the Capitol, the House started work by tearfully recognizing three retiring Republican representatives.

After passing one bill, the House recessed to allow negotiators time to haggle over key issues: restructuring the state's retirement system, reworking government ethics laws and agreeing on road and water projects.

4:15 p.m.: House and Senate leaders emerged from a 45-minute private summit in a Senate conference room claiming they were close to a deal on state pension reforms. But Democratic House Speaker Jody Richards described the ethics bill as "languishing."

5:25 p.m.: The House returned to work briefly only to take another break so lawmakers could attend a barbecue dinner at the VFW Post.

Meanwhile, legislators buzzed about potential agreements. Rep. Don Pasley, D-Winchester, said Senate and House leaders were talking about "a deal" to free up more road construction money and overhaul the pension system, which could go bust in as little as 14 years.

7:46 p.m.: "We got an agreement," said Rep. Jeff Hoover, the Republican House floor leader, as he strode out of the negotiation room. Richards, the House Speaker from Bowling Green, followed, and was swarmed by reporters. The agreement on the pension bill wouldn't be final until the House members saw the details, he warned.

7:50 p.m.: House Democratic leaders and Senate Minority Leader Ed Worley, D-Richmond, swooped to the Capitol's first floor to confer with Gov. Steve Beshear.

After that meeting, the 64 House Democrats trooped to the Supreme Court chamber where Beshear entered to applause. But it was a disgruntled group who emerged later because they weren't told the details of the negotiated deals.

Instead, Beshear's message was that he wanted flexibility to spend any road construction money the way he saw fit.

10:00 p.m.: Both the House and Senate settled into an up-tempo rhythm of passing bills. Behind the scenes, the pension plan/road spending agreements were falling apart.

In the House, Rep. Mike Cherry, a Princeton Democrat who worked on the state retirement bill, slumped into the chair next to Richards on the speaker's podium. They hadn't seen the new pension bill yet. "What can we tell the members?" Cherry asked Richards.

Already antsy and sensing trouble, Democratic Reps. Derrick Graham of Frankfort and Milward Dedman of Harrodsburg -- both of whom represent a bulk of state workers -- rushed up to the growing gaggle of House Democrats at Richards' podium demanding answers.

"Gotta calm down," Richards told them.

10:05 p.m.: Into the House chamber walked two Democratic senators, Ernesto Scorsone of Lexington and R.J. Palmer of Winchester. They suggested tacking the House's original retirement system proposal onto another bill and sending it to the Senate. Richards agreed.

10:30 p.m.: The Senate approved by a 31-7 vote the bill including pension provisions that had been tentatively agreed upon earlier. Finally, the legislation was on its way to the House.

11:26 p.m.: Work in the House ground to a halt when Rep. Jim Wayne, D-Louisville, complained about having to vote hurriedly on a sweeping criminal justice bill that he didn't fully understand.

"We're running out of time," Richards said nervously. The bill passed, 52-41.

11:48 p.m.: Sen. President David Williams, R-Burkesville, and Worley, the Democratic Senate leader, rushed to the House, where Williams paced expectantly in the speaker's office. He glanced at his watch -- six minutes to go.

Inside, legislators scrambled to pass the bill with the House's original pension system proposal attached.

"They don't have time to do that," Williams said to himself. Minutes later, the clock in the Senate magically froze at 11:50 p.m. The House clock stopped at 11:54 p.m.

12:10 a.m., April 16: House lawmakers began barking at each other about passing a bill that outlined a list of road projects --the other half of the deal.

Rep. Harry Moberly, D-Richmond, and others lambasted both the process and the fact that details of the road spending were kept secret. "This is outrageous," Moberly said. The bill failed 36-54 with most rank-and-file Democrats opposing it.

12:11 a.m.: With the road bill dead and the House and Senate passing different versions of a pension reform plan, the earlier "agreement" was dead. In the Senate, four Republican senators sung "Happy Birthday" to Democratic Sen. Julian Carroll of Frankfort. Carroll, a former governor, turned 77 on April 16.

12:53 a.m.: Williams, the Senate president, signed off on two bills passed earlier that would then be sent to Beshear. One of those was the energy efficiency bill -- a rare bright spot in the day.

12:55 a.m.: The Senate officially adjourned until noon on Jan. 6, 2009. Senate Republicans gathered at the chamber's front podium for a group photo. They ended by singing My Old Kentucky Home, led by Sen. Vernie McGaha, R-Russell Springs, who conducted from a plastic step-stool.

1:01 a.m.: In the House, Richards remained with a few staffers and legislators to shut down the chamber. Democratic Floor Leader Rocky Adkins read the official adjourning language, saying the House had finished its business on April 15.

"That was yesterday," Richards muttered to himself.

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