Understanding Delaware's Lawmaking Process: From Bill To Act

In Delaware, laws begin as bills, which can be proposed by senators, representatives, lobbyists, or citizens. Before a bill can become a law, it must be approved by both chambers of the Delaware Legislature and signed by the Governor. The process begins with the proposal and drafting of the bill, followed by its introduction and assignment to a relevant committee. The committee and the public can voice concerns and vote on releasing the bill back to the Senate. After being released from the committee, the bill is debated on the Senate floor, where senators can voice their agreement or disapproval and propose amendments. A vote is then conducted using the roll call method. If the bill passes in the Senate, the process repeats in the House of Representatives. For a bill to become a law, it must pass both chambers and can become law through the Governor's signature, lack of action from the Governor, or a three-fifths veto override by both chambers.

How to track a bill

Tracking a bill in Delaware is made possible by several online tools and websites. Here is a step-by-step guide on how to track a bill:

Using the General Assembly Website

The official website of the Delaware General Assembly, legis.delaware.gov, is the go-to site for tracking bills. This website provides a wealth of legislative information, including the ability to track bills, listen to live streams, find legislators, check agendas, and look up committee hearings. To use this website for bill tracking:

• Visit legis.delaware.gov.
• Explore the website to find the specific bill you want to track.
• Utilize the search functions and navigation tools provided on the website to locate the bill.
• Bookmark or save the bill page for easy access in the future.

Utilizing FastDemocracy

FastDemocracy is another useful resource for tracking bills in Delaware. This platform offers free legislative bill tracking for the Delaware Senate and House, providing searchable legislator voting records, bill analytics, and more. Here's how to use FastDemocracy:

• Visit the FastDemocracy website or download their mobile app.
• Sign up for a free account to get started.
• Select the issue areas you care about or use the search bar to find specific bills.
• Click "Track Bill" on any legislation you want to monitor closely.
• You will receive daily or weekly email updates when there is movement on your tracked bills.
• Additionally, you can contact legislators or share your tracked bills on social media.

By following these steps and utilizing the provided tools, you can effectively track bills in Delaware and stay informed about the legislative process.

The bill proposal and introduction

The legislative process in Delaware begins with a bill proposal, which can come from a variety of sources, including Senators, Representatives, lobbyists, or citizens. For citizens, the first step in getting an idea considered for legislation is to contact their senator to discuss the concept. If the senator agrees that the idea is worth pursuing, more research is conducted, and the bill is drafted. This marks the beginning of the legislative journey, with the proposal gaining momentum through the support of a senator.

A Senate Bill is typically sponsored by a single senator, although it is common for it to have one or more cosponsors. This sponsorship is an important step in the process, as it provides the bill with a level of legitimacy and support within the legislative body. Once the bill has a sponsor, it is introduced in the Senate.

The introduction of a bill is a formal process. The Senate Bill is assigned a number by the Secretary of the Senate, giving it an official identity. This numbered bill is then assigned to a committee, marking the transition from an idea to a formal piece of legislation. The committee assignment is crucial, as it determines the initial context in which the bill will be discussed and debated.

The committee plays a vital role in shaping the bill's future. During committee hearings, both committee members and the public have the opportunity to voice their opinions and concerns. This stage allows for a detailed examination of the bill's potential impact and gives stakeholders a chance to influence its content. The committee hearing is a critical juncture, as the committee members' votes will decide whether the bill proceeds further or stalls. A bill that receives favourable votes or is released on its merits will advance to the next stage of the legislative process.

Committee hearing

Once a bill has been introduced and assigned a number, it is sent to a committee hearing. This is where the bill is first debated and where committee members and the public can voice concerns. The committee will then vote on whether to release the bill back to the Senate. A bill can be released with either "favorable" or "on its merits" votes.

The committee hearing is an important step in the legislative process as it allows for a more detailed examination of the bill and its potential impact. Committee members, who are typically experts in the subject matter of the bill, can ask questions, seek clarification, and make changes to the bill. This step also provides an opportunity for public input and participation in the legislative process.

The specific procedures and rules governing committee hearings can vary depending on the legislative body and the type of bill being considered. In some cases, there may be multiple committee hearings or additional steps involved in the committee process. Committee hearings are typically open to the public and may be live-streamed or recorded for transparency and accountability.

During the committee hearing, members of the public, interest groups, and other stakeholders may be invited to testify or submit written statements expressing their support or opposition to the bill. This provides an opportunity for a diverse range of perspectives and expertise to be considered. Committee members can also introduce amendments or make changes to the bill based on the input received.

After the committee hearing and deliberations, the committee will vote on whether to release the bill from the committee. Depending on the outcome of the vote, the bill may be released with favorable or on-its-merits votes, or it may be held in the committee for further consideration or amendments. If the bill is released, it will then move on to the next step in the legislative process, which is typically a vote in the full Senate or House of Representatives.

The vote

Once a bill has been introduced, assigned to a committee, and debated, it is ready for a vote. In Delaware, all Senate legislation must be voted on using the roll call method. During the roll call, each senator's name is read out, and they must vote 'yes', 'no', or 'not voting'. Senators can change their vote after the roll call is complete but before the Secretary of the Senate has officially declared the outcome. A simple majority is usually required for a bill to pass, but some bills may require a higher threshold, such as a two-thirds majority.

The voting process is repeated in the House of Representatives for bills that have passed the Senate. The House may pass the bill, defeat it, or send it back to the Senate with amendments. If a Senate bill is returned with amendments, the Senate must vote on the amended bill again. This back-and-forth process continues until both chambers agree on the final version of the bill.

In the case of a joint resolution, which is a formal expression of the opinion or will of both chambers, the resolution must be passed by both houses and signed by the Governor to have the force of law.

After a bill has passed both chambers, it is sent to the Governor, who can sign it into law. If the Governor does not sign or return the bill to the General Assembly within ten days, it can still become law without their signature. Alternatively, the Governor may veto the bill, but this veto can be overridden by a three-fifths vote in both chambers of the legislature.

The bill becomes law

Once a bill has passed both chambers of the Delaware Legislature, it is received by the Secretary of the Senate. The bill can then become law in one of three ways. The first way is that the Governor signs the bill into law. The second way is that if the Governor does not return the bill to the General Assembly within ten days, the bill can be enacted without a signature. The third way is that the General Assembly overrides the Governor's veto with a three-fifths vote in both chambers.

A passed bill with its amendments included is known as an engrossed bill. If a bill is vetoed by the Governor, it can be sent back to the Senate with amendments. If amendments are added, or a substitute is created, the bill will have to be voted on again in its originating chamber.

The process for a House Bill is the same as for a Senate Bill. All House Bills are first introduced in the House, and the process moves in the same manner from there on.

Frequently asked questions