New Jersey’s ‘lame duck’ session is underway at the State House in Trenton. Republicans are worried about surprise bills

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New Jersey lawmakers are now in the “lame duck” session.

It’s that period of time between the general election, held Nov. 4, and when the Garden State’s legislative session formally ends Jan. 13.

The term “lame duck” originates from the 18th-century British practice of describing poorly built ships or bankrupt stockbrokers who failed to pay off their debts. In politics, it refers to an individual or group of politicians who are approaching the end of their term, as the focus shifts to incoming leaders.

What happens during the lame-duck session?

Micah Rasmussen, director of the Rebovich Institute for New Jersey Politics at Rider University, said once the legislative session ends, all bills that have not been approved will have to be resubmitted.

“Both the legislature and the governor are looking to get business done, whatever has not gotten done up until this point is fair game, sometimes things didn’t get done because they were too controversial, this is a good time,” he said.

Rasmussen said that with Democrats controlling the Senate and Assembly, they can push through whatever they want.

“It’s almost like all bets are off, but I don’t see the kind of earth-shattering, earth-moving proposals, I don’t think those things are moving,” he said.

Earlier this month on WHYY’s Ask Governor Murphy show, Murphy, whose term ends in January, suggested he wants the legislature to pass a host of issues during the lame-duck session including what he termed a “clean energy” bill, a bell-to-bell cell phone ban in schools, a measure to stop people who grow small amounts of fruit or vegetables on their property from getting a farmland tax break, and bills to expand affordable housing.

Republican lawmakers, including state Sen. Tony Bucco, have complained that in previous years, “very misguided legislation that doesn’t get the transparency it deserves” has passed during lame duck. Republicans are “certainly going to be commonsense protectors for taxpayers,” he said.

Bucco said Democratic efforts to expand affordable housing have been hasty and poorly planned, without input from all sides.

“Affordable housing legislation that will take away home rule and allow developers to bypass local regulations on density and housing is another misguided principle,” he said. “We need to make sure that those types of bills are not rushed through without the proper vetting.”

Bucco said he’s hopeful there will be a resolution to what he termed the state health benefits crisis.

“The state health benefits plan is in a death spiral, we need reforms to keep this solvent,” he said. “Municipalities are pulling out of the system because of the increases in premiums and that sends the program into a further spiral down.”

A majoritarian institution

Ben Dworkin, director of the Rowan University Institute for Public Policy and Citizenship said Democrats may well decide to pass controversial legislation and send it to Murphy’s desk for his signature during lame duck, before Gov.-elect Mikie Sherrill is sworn in.

“He’ll take the hit because he’s leaving, and then she won’t have to worry about it as she moves forward and gets inaugurated in January,” he said.

He said the New Jersey legislature is a majoritarian institution.

“The benefit of having a Democratic governor, now and in the future, is that generally you can come to an agreement and something passes, the governor will sign it,” Dworkin said.

Bucco said he’s been told Democrats don’t plan on introducing any contentious bills during the lame-duck session.

If any controversial bill is forced through during lame duck, Rasmussen said he doesn’t expect large crowds to gather outside the State House to protest.

“We’re all busy with the holidays, we have a lot going on, we’re not necessarily paying attention to the legislature as a front-burner item,” he said.

A request for an interview was made to Democratic leadership in the state Assembly to discuss lame-duck priorities, but WHYY News was told no one was immediately available.