How A Bill Really Becomes a Law
February 2006 Update
By Phil Milsk, CCDI Governmental Affairs Consultant
Above you will see a flow chart of how a bill becomes law. It traces a bill step by step, from introduction, to committee, to the floor, to passage in the first chamber, then over to the second chamber where it repeats the process. If it passes both chambers with a constitutional majority (most bills require only a simple majority of each house, but some require a "super-majority" of 3/5 vote) the bill then goes to the Governor who can either sign it into law, issue a total veto or issue an amendatory veto.
Bills DO follow this process. They must be read three times in each chamber before being voted upon. They must receive a certain number of votes in each house to pass.
However, it is often the case that a bill's language is negotiated throughout the session before it actually appears in final form as an amendment. Sometimes a tactic called a "shell" or "vehicle" bill is used to move an issue along until final language is agreed upon. Sometimes a bill dies by failing to receive enough votes or by not passing before a deadline, only to see its language or a modified version of its language revived on another bill by way of an amendment.
Very often we will have a bill introduced to get an issue out in the open for discussion. We will continue to have meetings to discuss the issue throughout the session until a final version is agreed upon. While we are doing this we have to be aware of deadlines and where the bill is in the legislative process. Sometimes we have to switch to another bill, if our sponsor is able to do so, because the original bill has died.
The legislative process is extremely interesting and very difficult at times. Some bills fly through the process unopposed and untouched. Most bills actually never make it through at all. Other bills are significantly revised as they move through the process as a result of negotiations with interested parties and stakeholders. Some-times they pass and other times they do not. It can be a very tricky process, but it is never dull.
Spring Session Scheduled to Finish Early This Year
By Phil Milsk, CCDI Governmental Affairs Consultant
The calendar for the Spring 2006 session of the Illinois General Assembly calls for the legislature to complete its business by April 7, about seven weeks earlier than usual. The last time something like this occurred was in 2000 when they adjourned on April 15. Why is this happening?
First, this is a major election year in Illinois. All constitutional offices (Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer and Comptroller) are up for election. In addition, two-thirds of the Senate seats and all of the House seats are on the November ballot. So, as was the case in 2000, the legislative and party leaders want their candidates to have as much time as possible to campaign. Candidates who are not in tough races often help out other members of their own party, so this will be a very busy campaign season.
Second, this is the second year of the two-year session. In even numbered years such as this one the General Assembly is supposed to focus on the budget and "emergency" legislation only. However, as we all know, everyone has his or her own definition of what constitutes an "emergency". The Illinois House Leader, Speaker Michael Madigan, has imposed a three-bill limit on his members. That is, they will only be able to move three bills out of the Rules Committee for consideration. Members have been asked to list their three priorities for the session. The Senate has yet to impose specific bill limits, but members are aware that they may not be allowed to move a lot of bills this year.
So what can we expect this year? A lot of bills will be filed, as usual, but a lot fewer will actually move through the process. February, March and early April will be extremely active months at the Capitol. Most of the focus will be on the budget. Disability advocates will be interested in knowing whether any initiatives to implement the Olmstead decision will appear in the Governor's budget. His budget message is scheduled for February 15. Some important legislation will pass (it always does) and we will continue to play an important role on all bills affecting the disability community.
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