LOUISVILLE, Ky. — Hundreds of bills have been filed during this year’s legislative session, including a large number of ones, which make little to no change in state law. These are often shell bills. 

What You Need To Know

  • Several so-called shell bills were filed during this year’s legislative session

  • Shell bills allow lawmakers to essentially introduce legislation after the filing deadlinee

  • Filing deadlines for both chambers has passed

  • Shell bills are common in several states and in Congres

“We call it a shell bill because it smells like it’s really not being written for what it, on its surface — when filed — was set up to do,” Dr. Stephen Voss, an associate political science at the University of Kentucky said.

Often, Dr. Voss says, this is done to bypass filing deadlines, giving lawmakers more time to hash out the details of what they are — actually — filing. 

One example of this is Senate Bill 286. Filed by Senator Brandon Smith (R-Hazard), the bill is about the housing crisis in eastern Kentucky and funding the construction of new homes following last year’s flood. 

Sen. Smith told Spectrum News 1 after spending part of the session recovering from a shoulder surgery, a shell bill was his best option to fully flesh out his legislation.

“I think it is a very good bill on its own and I am very thankful that I was able to have that tool this session,” Sen. Smith said. “Above all sessions, this one I think was really, really important.”

It’s a decision Dr. Voss says is not unheard of, especially for Kentucky lawmakers who are only in session for a small portion of the year. 

“Having more time to work out the compromises, to pin down some details that really need to get pinned down, can result in better legislation than if you’re trying to meet that deadline when after that you can’t anything more,” Dr. Voss said. 

However, needing more time to develop a bill is not the only reason for a shell bill. 

“The other main purpose of a shell bill is sometimes people are working out the details of a program in private and they don’t want to announce it until they are actually ready to move it, and then they want to move it quickly,” Dr. Voss said. 

That use can mean a shorter window for lawmakers and the public who oppose the bill to take action against it.

In 2018, lawmakers interjected pension reform legislation into an unrelated sewer bill. This move was supported by then-Gov. Matt Bevin. 

It would later be ruled unconstitutional by the Kentucky Supreme Court. 

“Shell bills have a plus and a minus for the public good. The downside is what you hear people complaining about. It allows proposals to be sprung on people last minute and to move forward more quickly than the public can catch up,” Dr. Voss said. “The plus side is sometimes issues arise, problems arise, that you just can’t get settled in time for a bill filing deadline.”

Lawmakers would have to add their new version of the bill during a committee meeting. Called a committee substitute, it requires a majority vote to advance to either the House or Senate floor.

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