When is a Bill Really "Dead"? State Legislative Process Deadlines Explained

Each year, state lawmakers introduce hundreds of thousands of bills for consideration. A vast majority of these bills never become law, let alone get a full vote from a legislative chamber or sometimes even a proper hearing. So every seasoned state government relations pro has an internal checklist to help them determine which bills have legs and which are essentially “dead.” But we all know that the legislative process is full of loopholes and procedural tricks that leadership can use to their advantage, so while deciding when a bill is “dead” seems straightforward, we all have horror stories of bills that just won’t die.

Understanding the State Legislative Process

As we were all taught by Schoolhouse Rock!, the legislative process is simple and relatively similar in each state. First, the bill is introduced and then assigned to a committee. This committee holds hearings and votes on whether to send the bill to the larger House or Senate. If the bill is approved, it is then sent over to the opposite house. Bills that are approved by both houses are then sent on to the governor to be signed into law. Legislation that fails to make it through the entire process can then be considered “dead” right? As with most things in politics (and law), the answer is, “It depends.”

Unlike the controversial legislation that makes the headlines, the vast majority of state bills do not conclude in either victorious enactment or conclusive rejection. Most gradually peter out at some point in the legislative process. However, countless state-specific rules can lead to a great deal of confusion as to when a bill actually does reach its conclusion; making it difficult for government relations teams to know how and when to adjust their focus.

How Bills Can Survive Beyond Expected Deadlines

There are several possible scenarios under which bills that appear to stall may still be kept alive.

Governor Inaction and Pocket Veto Powers

Although a governor’s failure to sign a bill may seem like defeat, the majority of states provide that a governor’s failure to sign a bill actually results in the bill’s enactment. Only eleven states give governors “pocket veto” powers, meaning that their failure to sign or veto the bill after the legislative session adjourns kills it. Of course, if a governor vetoes the bill, then it’s dead, right?

Veto Override Procedures After Legislative Adjournment

When a governor vetoes a bill, legislatures have the opportunity to overturn the veto and enact the bill into law without gubernatorial approval; but what happens when a veto comes after adjournment? Several states, such as Louisiana, South Dakota, Vermont, and Virginia require an automatic veto session, while others take a middle ground by permitting such bills to be taken up if a Special Veto Session or Special Session is called like Hawaii, Illinois, and Utah. At least a third of the states permit these bills to be considered in the next regular session. However, some states only permit such consideration if no general election has taken place in the interim, as in Oklahoma and Tennessee. Alaska permits vetoes to be considered in either a special session or the next regular session, as do Delaware and Maryland. Idaho, however, does not permit any overrides for bills vetoed after adjournment, and the legislation effectively dies. As you can tell, it’s all pretty straightforward.

Special Legislative Sessions Can Revive Stalled Bills

In addition to the consideration of vetoed bills, state legislatures may consider bills from the regular session during a Special Legislative Session. Such sessions can be called by either the governor or the legislature (depending on the state); however, they must be called for specifically defined purposes. Any bill that falls within the scope of that purpose may be considered and remains alive for the duration of the special session. One exception to this limitation, however, is in Illinois, where any bill that stalled out during the regular session may be considered during the veto session, no matter the subject matter. So in Illinois, even after adjournment of the regular session, a bill is not fully “dead” and can be revived in special session.

Carryover Bills in Biennial Legislative Sessions

One of the biggest ways a piece of legislation can get a second chance at life is as a “carryover” bill. More than half of states operate on two-year (biennial) session schedules, permitting bills from the first year of the two-year session to remain under consideration during the session in the following year. In such states, this is even true for bills that failed to meet legislative deadlines; getting another bite at the apple with a clock reset.

State-Specific Strategies to Bypass Legislative Deadlines

Many states impose deadlines requiring bills to pass certain stages of the legislative process by specific dates in order to remain under consideration. This keeps things moving forward during a legislative session. The most common of these is a “crossover deadline,” a date by which a bill must pass its house of origin in order to move on to the second house. Bills that don’t meet this deadline are usually dead, but, of course, there are exceptions.

Iowa's Legislative Funnel Dodging Tactics

Legislators in Iowa employ several unique strategies to revive bills that have not met legislative deadlines. One such method, “Legislative Funnel Dodging,” takes advantage of the fact that House and Senate Appropriations and Ways and Means Committees are exempt from “funnel” deadlines by taking otherwise dead bills and re-referring them to these committees. Additionally, legislators can designate the bill as “unfinished business,” which permits a bill to remain active even after missing a deadline, as long as both chambers agree.

Washington's Budget Implementation Exception

Washington is one of the few states to routinely use a “Necessary to Implement the Budget” (NTIB) exception, which permits bills that are certified as directly relating to state spending, revenue generation, or implementation of the budget to be exempt from legislative deadlines that would otherwise “kill” a bill.

Much like cats, bills can have multiple lives. Whether they are resurrected by one of the methods above, incorporated into another bill by substitution or amendment, or simply be re-introduced in a subsequent session, a savvy legislator has the ability to make the system work for them. As a result, tracking bills closely at every step, as with Multistate, is essential to ensure successful government relations programs.

Tracking State Legislation

MultiState’s team is actively identifying and tracking all issues so that businesses and organizations have the information they need to navigate and effectively engage. If your organization would like to track state legislation, please contact us.