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Can lame duck legislation be passed to new governor? JBP to sign 1/17


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#1 InterestedBystander

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Posted 07 January 2019 - 04:58 PM

Full story at link...

https://www.mdjonlin...bbd45c2034.html

edit: updated link
https://www.ilnews.o...991f95777d.html

Can legislation be passed in lame duck session, but held for the new governor?

The question of whether it's possible for one class of state lawmakers to pass a bill but hold it for a future governor could be tested when lawmakers come back for lame duck session, but the answer if its legal might have to wait on the courts.

What could happen when lawmakers return Monday for the final two days of the 100th General Assembly? Thats anyones guess. And there is lots of speculation....

..."Monday and Tuesday are the final two days of the 100th General Assembly. The 101st General Assembly is seated Wednesday, Jan. 9. Gov.-elect Pritzker is inaugurated Jan. 14.

Longtime statehouse observer and University of Illinois Professor Emeritus Kent Redfield said its technically possible for lawmakers to hold a bill that passed in one General Assembly and then pass it onto a new governor. He said its an ambiguous area that hes not aware has been fully litigated."...

Edited by InterestedBystander, 16 January 2019 - 09:49 PM.

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#2 TRJ

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Posted 07 January 2019 - 05:09 PM

Interesting, but why waste the money litigating the issue when Governor Rubber Stamp is on the way in the door? Just pass it again with the super majority and slide it over for the rubber stamp.


Edited by TRJ, 07 January 2019 - 05:10 PM.


#3 InterestedBystander

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Posted 07 January 2019 - 05:14 PM

Interesting, but why waste the money litigating the issue when Governor Rubber Stamp is on the way in the door? Just pass it again with the super majority and slide it over for the rubber stamp.

Yes, why go thru the drama when they can get what they want. Theres another tollway restructuring bill they are trying to pass in 100th GA and pass to JB to sign...I dont get why when they could wait a couple of days days. SB1298

Edited by InterestedBystander, 07 January 2019 - 05:58 PM.

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#4 mikew

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Posted 07 January 2019 - 06:29 PM

 

Yes, why go thru the drama when they can get what they want.

For the drama.
and the media coverage.



#5 Hatchet

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Posted 08 January 2019 - 10:27 AM

They pass it before they end (today) goes to governor, JB isn't put in till the 14th. So wouldn't Rauner still be able to veto it? makes the whole situation null and void as they would be out of session. I don't think the 101 would be able to pick up the vetoed bill to over ride. 


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#6 TRJ

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Posted 08 January 2019 - 10:58 AM

They pass it before they end (today) goes to governor, JB isn't put in till the 14th. So wouldn't Rauner still be able to veto it? makes the whole situation null and void as they would be out of session. I don't think the 101 would be able to pick up the vetoed bill to over ride.

Things don't go straight over to the desk for signing. They might be thinking they can slow walk something do it takes two weeks to get the paperwork over there.

It's totally possible they want to test the waters on something they can get either way so they can use precedent later on to pass something awful in a lame duck Congress. They might not even know what they want it for yet, just to know that they can.

#7 markthesignguy

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Posted 08 January 2019 - 02:57 PM

There IS a lawsuit about the use of the procedural hold on House Bill 40 in 2017.

 

 

Per the state constitution, lawmakers are supposed to send measures that passed both chambers to the governor within 30 days of passing. A procedural hold called a motion to reconsider was used on House Bill 40 in 2017 after it passed both chambers. That hold kept the controversial bill allowing more tax dollars for abortions from the governor for a total of four months. The hold was eventually lifted and sent to the governor who signed the bill. A lawsuit challenging that procedure as an abuse of the legislative process has been appealed to the state Supreme Court, but whether the court will hear it is still not known.

 

 

Thus if they pull the hold on SB0337, they have 30 days to send it to the governor. WILL SB0337 "survive" the end of session sine die, is it's "sine die" extended to 30 days after passing?

Seen as how it's a "whole new group of legislators" to pass it on. 101st session will be active when pizza the hut takes office.

 

Had the situation been reversed, with pizza the hut in office before the 100th session ended, it would be a done deal.


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#8 mauserme

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Posted 08 January 2019 - 03:11 PM

Consider this from a different perspective.

There is nothing magical about the few days between the end of the 100th General Assembly and the day the new governor is sworn in. If a bill from the 100th GA can be held until the 101st GA, then why not until the 102nd or 103rd GA? Why can't the legislature pass a bill now and wait years for the right governor to sign it?

 

Without a deadline, passing laws in this state would become chaos.
 


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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

 

We are hard-pressed on every side, yet not crushed; we are perplexed, but not in despair; persecuted, but not forsaken; struck down, but not destroyed—...
Therefore we do not lose heart. Even though our outward man is perishing, yet the inward man is being renewed day by day. For our light affliction, which is but for a moment, is working for us a far more exceeding and eternal weight of glory, while we do not look at the things which are seen, but at the things which are not seen. For the things which are seen are temporary, but the things which are not seen are eternal.   (2 Corinthians 4 NIV)
 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#9 markthesignguy

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Posted 08 January 2019 - 03:24 PM

From my (and many's?) point of view,  chaos isn't a long drive off, but rather a short putt.


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#10 mauserme

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Posted 08 January 2019 - 03:23 PM

From my (and many's?) point of view,  chaos isn't a long drive off, but rather a short putt.


lol good point.

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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

 

We are hard-pressed on every side, yet not crushed; we are perplexed, but not in despair; persecuted, but not forsaken; struck down, but not destroyed—...
Therefore we do not lose heart. Even though our outward man is perishing, yet the inward man is being renewed day by day. For our light affliction, which is but for a moment, is working for us a far more exceeding and eternal weight of glory, while we do not look at the things which are seen, but at the things which are not seen. For the things which are seen are temporary, but the things which are not seen are eternal.   (2 Corinthians 4 NIV)
 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#11 EdDinIL

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Posted 08 January 2019 - 04:20 PM

Consider this from a different perspective.

There is nothing magical about the few days between the end of the 100th General Assembly and the day the new governor is sworn in. If a bill from the 100th GA can be held until the 101st GA, then why not until the 102nd or 103rd GA? Why can't the legislature pass a bill now and wait years for the right governor to sign it?

 

Without a deadline, passing laws in this state would become chaos.
 

 

This is Illinois.  If they can find the right activist judge(s), they will define what is magical and what isn't.  


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#12 EdDinIL

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Posted 10 January 2019 - 09:29 AM

Just so I understand the shenanigans at work here...

 

SB 337 : http://www.ilga.gov/...=100&SpecSess=0

  • SB 337 went through all the normal steps a bill takes and was finally concurred on 5/30/2018
  • Instead of declaring the bill to have passed both houses that very same day, a motion to reconsider the vote was made on 5/31/2018
  • That motion was withdrawn on 1/8/2019
  • The bill was declared to have passed both houses  on 1/8/2019
  • Assumption: The 30-day period to send it to the governor became active at that point
  • Assumption: The 30-day period doesn't expire with the end of one assembly and beginning of another ("for the courts to decide", I assume)
  • Assumption: The 101st Assembly is waiting for Governor-elect Pritzker to take office before sending it on to the Governor's desk (also "for the courts to decide")

Is that pretty much it?


Edited by EdDinIL, 10 January 2019 - 09:30 AM.

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#13 InterestedBystander

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Posted 10 January 2019 - 12:41 PM

I think that is a correct summation. Apparently it is not clear cut when legislation from one ILGA session dies before another ILGA session is inaugurated. With the expectation of a legal suit, why even do this this way when they could easily pass a new, more restrictive GDL bill and pass it with their new majority?
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#14 markthesignguy

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Posted 10 January 2019 - 03:52 PM

I think that is a correct summation. Apparently it is not clear cut when legislation from one ILGA session dies before another ILGA session is inaugurated. With the expectation of a legal suit, why even do this this way when they could easily pass a new, more restrictive GDL bill and pass it with their new majority?

Why? To split our efforts and sap our resources.

 

Then when their court case is going badly, they'll copy it over to a shell bill, pass it with supermajorities (and even worse language) and sign it into law.

 

You have to ask yourself "WHY, are they SO ****-bent to enact these laws", in both Illinois and in the nation.


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#15 mauserme

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Posted 10 January 2019 - 04:11 PM

Why? To split our efforts and sap our resources.
 
Then when their court case is going badly, they'll copy it over to a shell bill, pass it with supermajorities (and even worse language) and sign it into law.
 
You have to ask yourself "WHY, are they SO ****-bent to enact these laws", in both Illinois and in the nation.


There were 12 bills passed at the end of the 100th General Assembly that have not been sent to the Governor yet. Dealer licensing is one of them

Are you saying that they are willing to risk a potential legal challenge 12 different times, potentially one challenge on each bill?  Because if they lose the argument about rolling a 100th GA bill into the 101st GA on any one of those bill, they lose the argument on all of them.  It wouldn't surprise me at all if those Tollway Authority appointees that will be losing their jobs might not like this procedure any more than we do.

 

I still don't see the logic in holding these bills.


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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

 

We are hard-pressed on every side, yet not crushed; we are perplexed, but not in despair; persecuted, but not forsaken; struck down, but not destroyed—...
Therefore we do not lose heart. Even though our outward man is perishing, yet the inward man is being renewed day by day. For our light affliction, which is but for a moment, is working for us a far more exceeding and eternal weight of glory, while we do not look at the things which are seen, but at the things which are not seen. For the things which are seen are temporary, but the things which are not seen are eternal.   (2 Corinthians 4 NIV)
 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#16 markthesignguy

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Posted 10 January 2019 - 04:55 PM

Can you easily list the 12 bills? Or tell me how to find them?


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#17 mauserme

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Posted 10 January 2019 - 06:31 PM

These are screens caps from a few minutes ago.

 

Bills Passed 1-8-2019.png

 

Bills Passed 1-9-2019.png


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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

 

We are hard-pressed on every side, yet not crushed; we are perplexed, but not in despair; persecuted, but not forsaken; struck down, but not destroyed—...
Therefore we do not lose heart. Even though our outward man is perishing, yet the inward man is being renewed day by day. For our light affliction, which is but for a moment, is working for us a far more exceeding and eternal weight of glory, while we do not look at the things which are seen, but at the things which are not seen. For the things which are seen are temporary, but the things which are not seen are eternal.   (2 Corinthians 4 NIV)
 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#18 steveTA84

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Posted 10 January 2019 - 08:24 PM

I think that is a correct summation. Apparently it is not clear cut when legislation from one ILGA session dies before another ILGA session is inaugurated. With the expectation of a legal suit, why even do this this way when they could easily pass a new, more restrictive GDL bill and pass it with their new majority?

Why? To split our efforts and sap our resources.
 
Then when their court case is going badly, they'll copy it over to a shell bill, pass it with supermajorities (and even worse language) and sign it into law.
 
You have to ask yourself "WHY, are they SO ****-bent to enact these laws", in both Illinois and in the nation.

Because they want to disarm ANYONE and EVERYONE not in tune with their agenda. It’s that simple. There are much larger plans in the workings for our country

#19 markthesignguy

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Posted 10 January 2019 - 10:07 PM

mauserme  THANK YOU!!!  someday I have to figure out how to get those pages myself.

 

steveTA1983, it was a rhetorical question...   of course

 

plus:

It also has to do with the fact that they are at least 2 years behind schedule because the Hildabeest isn't POTUS.

And they don't own the U.S. Senate.


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#20 steveTA84

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Posted 10 January 2019 - 11:44 PM

mauserme  THANK YOU!!!  someday I have to figure out how to get those pages myself.
 
steveTA1983, it was a rhetorical question...   of course
 
plus:
It also has to do with the fact that they are at least 2 years behind schedule because the Hildabeest isn't POTUS.
And they don't own the U.S. Senate.


Which is why more and more states that are democrat led are going this route. It’s happening in Virgina as well. The SCOTUS needs to step in soon

#21 EdDinIL

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Posted 14 January 2019 - 09:48 AM

So, think there's some poor Senate clerk sitting around waiting to do whatever it takes to send SB 337 to Gov. Pritzker within moments of his inauguration?  I could see him signing the bill during his inauguration speech, just to poke a stick in our eyes.


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#22 EdDinIL

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Posted 16 January 2019 - 12:15 PM

And here we go.... SB 337 is showing as Sent to the Governor.


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#23 InterestedBystander

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Posted 16 January 2019 - 12:52 PM

And here we go.... SB 337 is showing as Sent to the Governor.

I had been watching and waiting. So, lawsuits before or after JBP signs it?
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#24 TRJ

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Posted 16 January 2019 - 12:59 PM

I can't imagine there's going to be a delay in signing it. I doubt he'll even read it.

Edited by TRJ, 16 January 2019 - 01:00 PM.


#25 Hatchet

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Posted 16 January 2019 - 01:04 PM

I have 2 theories on this (read that as shots in the dark)

 

1. Either they don't want to pass a new one and have the new D's that took over R spots vote for it. Especially in areas where it is still more red then blue.

2. They want us to challenge it and fight it, then they pass an even worse version of this bill, including a state wide AWB as punishment for challenging them.

 

ETA: nothing else makes sense on why they would even attempt this when they have super majorities all around.


Edited by Hatchet, 16 January 2019 - 01:05 PM.

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#26 EdDinIL

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Posted 16 January 2019 - 01:04 PM

My guess is that the lawsuits come after the bill signing, because Gov. Pritzker will waste no time signing it.  It will be interesting to see this play out, regardless of the result.  At the very least, I would hope for some kind of stay to prevent the implementation until the courts settle the matter.  Hopefully at least one of the pro-gun groups will step up and make the challenge.


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#27 transplant

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Posted 16 January 2019 - 01:15 PM

I purchased my last firearm in Illinois this week from one of the dealers who has been active in fighting with litigation and active in helping our side.



#28 steveTA84

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Posted 16 January 2019 - 01:22 PM

Day two and the gun control starts. Surprise surprise

#29 G214me

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Posted 16 January 2019 - 01:29 PM

Day two and the gun control starts. Surprise surprise

 

Of course no mention of going after gangs, drugs, or tougher penalties for criminals. 



#30 steveTA84

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Posted 16 January 2019 - 01:32 PM

Day two and the gun control starts. Surprise surprise

 
Of course no mention of going after gangs, drugs, or tougher penalties for criminals.

Nope, just us. We have our work cut out for us




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