Illinois Lawmaking: How Bills Become Laws

In Illinois, a policy idea becomes a bill when it is filed by a legislator, who must then guide it through a six-month session, navigating deadlines, opposition, and competing priorities. The bill is then introduced in the chamber, with Representatives introducing bills in the House and Senators introducing them in the Senate. Bills are designated as either House Bills or Senate Bills, depending on their origin, and are numbered in order of introduction. They are then read to the chamber three times, before moving to the Rules Committee (House Bills) or the Assignments Committee (Senate Bills). The committees decide if and where the bill will be assigned, with each committee focusing on a specific area such as insurance or education. The bill's sponsor explains the bill to the committee members, and a proponent may also be present to provide further detail. Lobbyists, interest group representatives, and private citizens may also testify in support or opposition to the bill. The committee then votes on the bill, and if it passes, it goes to the full chamber. If not, it remains with the committee. The bill then goes through a second and third reading, during which it can be amended, before a final vote. If the bill passes, it goes through the same process in the second chamber. If it passes there, it is sent to the Governor to be signed into law.

Legislative Process

The legislative process in Illinois involves several steps, from the introduction of a bill to its passage into law. Here is an overview of the key stages:

The legislative process begins when a member of the Senate or the House of Representatives introduces a bill. The bill is assigned a unique number, indicating whether it originated in the House ("H.B. ___") or the Senate ("S.B. ___"). Bills are numbered sequentially and retain their designation even if they move to the other chamber. Each General Assembly session lasts two years, and if a bill is not enacted into law during that time, it must be reintroduced in the next session with a new number.

Committee Work – Hearings and Amendments

The bill is then assigned to relevant committees in the chamber where it was introduced. Committees may hold hearings to gather input from experts, lobbyists, agency officials, and other stakeholders. This stage also includes markup sessions, where committees can propose amendments to the bill. Most bills die in this stage, but if they are supported by the committee, they may advance with a committee report.

Floor Debate and Vote

Bills that receive a committee report are sent to the full chamber for debate, further amendments, and a vote. This stage provides an opportunity for robust discussion and deliberation on the merits of the bill.

Passage and Consideration in the Second Chamber

If a bill passes one chamber, it moves to the other chamber, where it undergoes a similar process of committee consideration, debate, and vote. If amendments are made in the second chamber, the bill returns to the first chamber for approval of those changes. If there is disagreement, a conference committee from both chambers works to reach a compromise.

Gubernatorial Action

Once a bill passes both chambers, it goes to the governor for approval. The governor has several options: signing the bill into law, taking no action (in which case it automatically becomes law after 60 days), or issuing a veto. There are different types of vetoes, including a total veto (rejecting the entire bill) and an amendatory veto (suggesting specific changes). If the governor vetoes the bill, the General Assembly can override the veto with a 3/5th vote in both chambers.

Bill Drafting

The legislative process in Illinois begins with a member of the Senate or the House of Representatives introducing a bill. This is known as the "first reading". Bills are designated either House Bills or Senate Bills, depending on where they originate. The bill is then given a unique identifying number, which it retains through both sessions of the current General Assembly.

Bills often result from the concerns of Illinois citizens and can be one of three types:

• Revisory Bills: These make technical changes to the wording of existing laws.
• Appropriation Bills: These provide funding for the operational costs of state agencies, including staff and programs, or they can start a new law that provides funding for new programs.
• Substantive Bills: These bring about major changes to existing laws or create entirely new laws.

Once a bill is introduced, it is assigned to a standing committee. Committees are specialized by subject or topic area, such as elementary and secondary education, insurance, human services, and mental health. The committee sets deadlines and decides when the bill will be read. If a legislator wants a bill to be read at a specific meeting, they must inform the committee chairman.

During the committee hearing, the bill's sponsor explains the bill, and the bill's proponent, often an individual representing the interest group that requested the bill, provides further details. Lobbyists, interest group representatives, and private citizens may also testify in support or opposition to the bill. The committee members then review the bill and decide if any amendments are required. If the bill passes the committee, it moves on to the "second reading".

The "second reading" is the stage where amendments can be made, and this is the only time when changes can occur. The sponsor of the bill may suggest amendments to gain more support, or they can work with opponents and stakeholders to make smart amendments that create a middle ground. After all amendments are accepted, the bill moves on to the "third reading".

The "third reading" is solely for voting on whether to pass the bill, and no further amendments can be added. A simple majority is required to pass a bill out of the chamber. If the bill passes, it must go through the entire process again in the second chamber. If no changes are made in the second chamber, the bill is sent to the Governor for approval.

In summary, bill drafting in Illinois involves legislators introducing bills that address the concerns of constituents. These bills are assigned to committees, undergo hearings and reviews, and may be amended before moving through the reading stages. The process ensures that proposed legislation is thoroughly vetted before progressing toward becoming a law.

Committee Work

The committee work stage is where most bills die, meaning they never get reported out to the whole House or Senate. This stage involves hearings, markup, amendments, and reporting. Hearings are generally held for significant bills to determine the views of experts, lobbyists, agency officials, or other interested parties. The purpose of a hearing is to determine the need for new legislation or to solicit relevant information. While hearings are useful, the large amount of testimony and the difficulty of establishing a connection between specific remarks made during the hearing and their effect on the final language of the bill limit their usefulness.

After a hearing, the committee work stage might include markup sessions, wherein the committee makes changes to the bill in the form of amendments. If the committee acts upon a bill favourably, a committee report may be issued. In Illinois, committee reports tend to be a single sentence announcing that the committee endorses the passage of the bill. Therefore, for Illinois legislative history, committee reports provide virtually no value.

Floor Debate

Once a bill has passed through the committee stage, it is sent to the floor for debate, possible amendment, and a vote. This is the stage at which the bill is discussed and debated by the full chamber—either the House or the Senate, depending on where the bill was introduced. The debate transcripts are available online at the Illinois General Assembly's website.

Full-text transcripts of the floor debates are available on the Illinois General Assembly website from 1971 to the present, organised by legislative day. From 1997 onwards, the Illinois General Assembly website also provides a report on each bill introduced in the General Assembly, including sponsors and co-sponsors, and a list of all major actions on the bill (including floor debates).

For bills passed before 1997, the "Master Index" for both the House and Senate can be consulted by searching under the General Assembly year and bill number. This Index can be found on the Illinois General Assembly website under "Transcripts" and then "Listing" for each chamber.

Westlaw provides transcripts of the floor debates from 1999 to the present. The Legislative Synopsis & Digest is another useful resource, as it prints a chronology of all actions on each bill during the year.

It is worth noting that the second and third readings of a bill are the most likely times for significant debate to take place.

During the floor debate stage, the bill's sponsor may amend it to garner enough support for it to pass. A simple majority is required to pass a bill out of the chamber. If the bill passes, it is sent to the other chamber, where it proceeds through a similar path (committee consideration followed by a debate and vote).

Gubernatorial Action

Once a bill has passed both chambers of the Illinois General Assembly, it is sent to the governor for "gubernatorial action". The governor has several options:

• The governor can choose to take no action. If no action is taken within 60 days of the bill reaching the governor's desk, the bill automatically becomes law.
• The governor can sign the bill into law. Once signed, the bill becomes a Public Act and is assigned a Public Act number.
• The governor can veto the bill. There are two types of vetoes: a total veto, where the governor rejects the entire bill, and an amendatory veto, where the governor recommends specific changes that, if made, they will sign the bill into law. This is also called a "veto message".

In the case of a veto, the General Assembly can override it by a 3/5-vote in both chambers. In the case of an amendatory veto, the legislature may agree with the governor's recommendations by a simple majority vote, and the bill becomes law.

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