DeVore’s Attack on Shell Bills

It seems a bit ironic that Tom DeVore’s attack on the Democrats’ gun control bill turns out to be an attack on “shell” bills.

Lots of controversial legislation is inserted into a shell bill. These were found in Davonport, Iowa, and were used to produce buttons.

What’s a shell bill?

It’s a legislator’s place holder for an idea he or she has not yet come up with.

These bills, which typically only contain a title–that’s right, NO content–are introduced and left sitting until a vehicle is needed, usually at the end of a legislative session.

They can be left in the chamber of origin or given minor content and passed to the other house where they sit waiting for more substantive content.

The State Constitution requires that a bill be “read” in each house three times:

  • first reading is introduction
  • second is the amendment stage
  • third is final passage

If a shell bill has been passed by one chamber, introduced in the second and advanced through the amendment stage, ir only awaits final passage to meet the three reading requirement in both houses.

However, if the second chamber changes the first chamber’s language, the bill has to return to the first chamber for approval of the changes.

Consider if the second chamber guts a bill and inserts completely new language.

Then, the bill can be passed zippity-zip with no or little opportunity for public input.

Some legislators, like Jack Franks in 2015, deliberately introduced shell bills:

In my Freshman year, I passed twelve bills (more than any other first-termer).

On of my bills turned out inadvertently to be a shell bill.

That wasn’t the intention, but a summons from Senate President Bill Harris convinced me to allow that use.

I had passed some bill changing the School Code. It can’t have been very important, because these fifty years later I cannot remember the content.

I do remember what President Harris asked me to allow be inserted into it, however.

It provided for pay raises for County Superintendents of Schools.

Not something I would have dreamed of introducing, but when the Senate President asks a newbie for a favor, I did not have to think long before saying, “Certainly, sir,” or somthing like that. I already knew him from serving on the first Illinois Economic and Fiscal Commission, on which both Harris and Senate Minority Leader Phil Rock both sat.

Naturally, I was thinking it could not hurt my chances of getting my bills though the Senate in the future.

The Democrats gun control bill (House Bill 5471) started out as an amendment to the Insurance Code “concerning a contract between public adjuster and insured.”

It passed the House and was on Third Reading in the Senate at the end of November.

On January 9, 2023, all insurance language was removed from the bill, except the title, and replaced with the following taken from the Legislative Digest:

“Replaces everything after the enacting clause. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Division of Criminal Investigation of the Illinois State Police shall conduct other investigations as provided by law, including, but not limited to, investigations of human trafficking, illegal drug trafficking, and illegal firearms trafficking. Provides that the Division of Criminal Investigation shall provide statewide coordination and strategy pertaining to firearm-related intelligence, firearms trafficking interdiction, and investigations. Amends the Firearm Owners Identification Card Act. Provides that a petitioner may request a plenary firearms restraining order of up to one-year, but not less than 6 months (rather than 6 months). Provides that the order may be renewed for an additional period of up to one year. Amends the Criminal Code of 2012. Provides that beginning January 1, 2024, it is unlawful for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions, and provides penalties. Provides that it is unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions, and provides penalties. Contains a severability provision. Amends the Freedom of Information Act. Exempts from disclosure under the Act certain information concerning endorsements received by the Illinois State Police. Effective immediately.”

The same day, the Senate passed the bill back to the House for approval of the Senate amendments (called concurrance, that is, voting to concur with the Senate changes)

On the next day, January 10, 2023, the House voted for the bill.

That same day, Senate Democrats and sent the bill to Governor JB Pritzker.

Hereis what the Judge wrote concerning the requirement for three readings:

Subsequent to the passage of the 1970 Constitution, Illinois Supreme Court rulings have childed the General Assembly on its level of adherance to that requirement, for instance in 2003,

The Judge concluded,

Besides the procedural avoidance of what seems to be the intent of the State Constitution to allow people a chance to learn what is in a legislative proposal prior to day of passage, DeVore argued that the bill violated the single subject matter requirement.

The Judge agreed, pointing to Human and drug trafficking sections of the gun regulation law.

DeVore also argued successfully that the Equal Protection Clause was violated in the law’s picking who would and would not be exempted.

The Judge concluded,

Coming from a legislative perspective, I note that one of the new United States House of Representative Rules requres members, hence, citizens as well, to be given seventy-two hours to review legislation before passage.

If only the women who stood up to Mike Madigan had been insightful enough to require similar de-centralization of power reforms from Chris Welch before giving him their votes.


Comments

DeVore’s Attack on Shell Bills — 2 Comments

  1. A curious method of attack which allows the courts to skirt the fundamental unconstitutionality of the 2A erasure and drop the law over procedural negligence which can be easily corrected in a super majority Democrat sh!thole state.

    This postpones the real reckoning … perhaps until 2 communists can be seated on SCOTUS.
    Communists

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