If you were ever in a history or civics class back in the day, chances are you may have heard the classic Schoolhouse Rock number.
“I’m just a bill – yes, I’m only a bill. And I’m sitting here on Capitol Hill.”
Many of us have followed that anthropomorphized bill on his journey through the nation’s capital, as he taught his new red-headed friend – and us – what it takes for a bill to become a law in the United States.
But how do such drafts become law in Delaware?
While the process does follow similar steps as the Capitol Hill jingle, it is a little more complicated than you might think.
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Where do Delaware bills come from?
A bill typically starts with an idea.
Ideas for bills can reach lawmakers in a variety of ways. Sometimes a lawmaker is approached by a state agency to file legislation. In another instance, a constituent may reach out to a senator or representative with a specific problem. If they keep hearing similar concerns, the lawmaker may draft a bill to address it.
Other times, lawmakers file legislation that pertains to certain interests or experiences, taking counsel from advocates or other interest groups on the subject.
And it isn’t always one legislator alone.
Task forces, made up of multiple legislators or community members, oftentimes study a specific issue, make recommendations based on their findings and then legislators develop bills based on those recommendations.
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Discuss, debate – deliver
You have an idea – now what?
What follows can often be broken down into six steps.
First, the bill is introduced, usually filed alongside other pieces of legislation that originated from the same chamber. Then, the chamber leader – president pro tempore for the Senate, the speaker in the House – will assign bills to specific committees for their first hearing.
Once legislation has been assigned, committees have 12 legislative days to hold a hearing.
These hearings serve as an opportunity for the primary sponsor to make their case for the bill, which can sometimes include them calling up experts to testify as to why this bill needs to become law.
Experts can range from advocates, those in the field or representatives from state agencies.
This is then followed by public comment. Delawareans who attend the committee hearing in person or virtually can share their support or their opposition to the bill in question within a specific time limit.
They also have the option to submit comments in writing for further consideration.
Sometimes a bill also has a fiscal note attached, which shows the “financial impact” of a piece of legislation. If a fiscal note is attached – as outlined in both the House and the Senate – it first must clear an appropriations committee to make its way to the full floor.
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After clearing a committee hearing comes the full chamber, where all the legislators gather to discuss and debate the bill.
If enough lawmakers vote in favor of the bill’s passage, it then moves to the other side of Legislative Hall, and the whole process starts over again.
If the bill makes it through and passes the opposite chamber, it then can be picked up by the governor’s office, where it can be signed, vetoed or left alone.
This process seems easy to follow, in theory. But in practice, it is a little more complex.
What if a Delaware bill must be changed?
Sometimes, if lawmakers agree on a change or need a little more convincing on the bill, they can propose an amendment.
An amendment is defined as an adjustment or improvement made to a piece of legislation before the final vote.
Lawmakers can propose amendments during committee hearings or on the full floor. These amendments can range from fixing a technical typo to clearing up the language to changing the date on which the bill, if signed into law, would go into effect.
Other times, an amendment can be a little more fleshed out, adding or striking a certain provision from the bill.
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However, if a bill has already passed in either the House or the Senate – and the opposite chamber then wants to add an amendment – the bill then must be sent back to the original chamber for further discussion and consideration.
This “concurrence” can cause a bit of a back and forth between the chambers, depending on the amendment.
What about a ‘substituted’ bill in Delaware?
There are often instances at Legislative Hall when a bill is substituted, all together.
This means the original bill is replaced in lieu of another version, while echoing the original bill’s title and number.
A substitute still encompasses what was previously included in the original bill, but it effectively replaces the initial text with a revised version. Like an amendment, sometimes a bill is substituted to make technical changes.
Once a bill is substituted, the original bill – and any amendments that were added to said original – becomes void.
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What else can happen to a Delaware bill?
If a bill fails to get enough votes in committee or on the floor, or is not even picked up by a committee for debate, it can stall there.
Or if a bill is “walked,” that means the bill is passed onto legislators for them to sign the back of the bill to clear the committee.
If a bill is “tabled,” it means the majority of lawmakers believe it should not yet be released from committee. This is different from if a bill is “laid on the table,” which means on-the-floor discussions of the bill is temporarily put on hold, typically in the event of a needed amendment or an absent witness.
A bill can also be stricken, meaning its primary sponsor – the bill’s original backer – can remove the bill from the legislative process.
But remember, the General Assembly runs on a two-year cycle.
If a bill doesn’t make it all the way through, if introduced during the first year of a legislative session, it still have another chance at passage.
If it was introduced but failed to move forward by the end of the second year, the legislative slate gets wiped clean, and primary sponsors need to start from scratch.
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What happens when a Delaware bill clears both chambers?
If a bill manages to pass both the House and the Senate, it then has the chance to make the sixth and final step in the process: heading to the governor’s desk.
From there, if the office does pick up a bill for consideration, they then have roughly 10 days – excluding Sundays – to make one of three choices.
If the governor decides to sign the bill, it officially becomes the law of the land.
If that governor does not agree that the bill should be law – whether it be because they have a problem with what’s included or they take issue with what it stands for – the governor has the option to veto it.
One recent example of this came in 2024, when then-Gov. John Carney vetoed the Ron Silverio/Heather Block End of Life Options Law, citing his own fundamental and moral opposition.
If members of the General Assembly feel differently – and if they have three-fifths support in both chambers – they can vote to override the governor’s veto.
What if a governor doesn’t veto or sign?
Well, this can mean the bill automatically becomes law, even without their signature.
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How long does it take for a signed bill to actually become law?
That depends on the bill.
Often a bill will list a specific date on which certain changes would go into effect, which can vary from a few months to a year – or it can go into effect immediately after signing.
This is a little more in-depth than the Schoolhouse Rock jingle, but it got the job done.
Olivia Montes covers state government and community impact for Delaware Online/The News Journal. If you have a tip or a story idea, reach out to her at [email protected].
This article originally appeared on Delaware News Journal: In Delaware, how does a bill become law? Here's what to know
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