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Bill would raise special-session threshold to 30 signatories, prompt debate on drafting privileges

Legislative Committee
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Summary

Representative George Nicolaakos introduced HB 348 to raise the legislator signatory threshold for calling a special-session poll from 10 to 30 and require a draft bill accompany the petition; the hearing included questions about emergency exceptions and whether statutory drafting privileges would conflict with legislative rules.

Representative George Nicolaakos opened HB 348, saying special-session calls are rare but consume secretary of state resources when they are pursued and fail. "It requires 30 signatories onto a call for a special session," Nicolaakos said, and he added that the bill would require a bill draft so legislators debate a concrete proposal rather than respond to a letter to the secretary of state.

Senators questioned the necessity and mechanics. Senator Fuller asked why the threshold should increase; Nicolaakos said many such calls fail and that recent attempts averaged roughly 17–19 signatories, so raising the bar to 30 would make calls more deliberate. Fuller suggested an amendment that failing to return a ballot could count as a yes; Nicolaakos said he'd consider it but noted concerns about safeguards and change-of-vote windows.

Senator Dunwell asked whether the bill would limit the governor's ability to call a special session; Nicolaakos said it would not, and he said he expected that in a true emergency the signatory threshold could be met. The hearing also turned to drafting privileges: another senator raised concerns that statutory language authorizing drafting privileges for non-holdover legislators might improperly bind future legislatures and could instead be handled through a rules change. Mr. Howe (legislative staff) said he was not aware of drafting procedures being codified in statute and reiterated the general principle from Mason's that a legislature cannot bind future legislatures. The committee requested follow-up with Mr. Howe to clarify legal and rule interactions.