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Illinois Environmental Law

Finding aid for Illinois statutory law and regulation related to environmental protection. Also includes information about state sustainabiilty initiatives and energy efficiency standards.

The Illinois legislative and regulatory process

What is the difference between a statute and a public act?

Written bills or resolutions under consideration within the legislative process by the Illinois General Assembly are referred to as Statutes. After being passed by the Illinois legislature, statutes are signed and approved as enforceable laws by the Governor of Illinois, and then become known as Public Acts. The compiled collection of all Public Acts are then arranged by functional topic, known as codification. Codified Public Acts can then officially become indexed within the Illinois Compiled Satutues (ILCS), the comprehensive framework of Illinois Law maintained by the Legislative Reference Bureau. The online ILCS database is updated on an ongoing basis and at times, may not reflect very recent changes or additions.

What is the difference between a law/statute and a regulation/rule?

Laws/statutes are written and passed by the legislature and signed by the governor. They provide the authority for regulatory agencies (e.g. Illinois EPA, Illinois Pollution Control Board) to write regulations/rules. Regulations/rules explain the technical, operational, and legal details necessary to implement laws. Find Illinois regulations in the Illinois Administrative Code.

From a bill to a law: federal vs. Illinois process

 

U.S. Congress

Illinois General Assembly

1. Bill introduced in house of origin (“first house”)

1. Bill introduced in house of origin (“first house”)

 

2. First reading of bill

2. Bill referred to committee of first house

3. Bill referred to Rules Committee, which refers bill to a committee of first house

3. Committee decides to consider bill

4. Committee decides to consider bill, or not

4. Committee or subcommittee may hold hearing

5. Committee or subcommittee may hold hearing

5. Committee holds “markup session” and votes to report the bill out to the first house, often in amended form

6. Committee may amend the bill; committee votes to report the bill out to the first house

 

7. Second reading of bill in first house; amendments can be proposed from the floor if they have been approved by the Rules Committee

6. Bill is debated and voted on

8. Third reading of bill; bill is debated and voted on

7. Bill is sent to second house in the form passed by the first house (“engrossed”)

9. Bill is sent to second house in the form passed by the first house (“engrossed”)

8. Second house repeats steps 1-6

10. Second house repeats steps 1-8

9. If bill passes second house in the same form as it passed the first house, it is sent to the President.  Skip to step #12

11. If bill passes second house in the same form as it passed the first house, it is sent to the Governor.  Skip to step #15

 

12. If bill passes second house in a different version than it passed the first house, the second house’s version is sent back to the first house to be voted on (“concurrance”)

10. If bill passes second house in a different version than it passed the first house, a conference committee is formed to reconcile the differences and report back to both houses

13. If the first house does not concur with the second house’s version, a conference committee is formed to reconcile the differences and report back to both houses

11. If both houses accept the conference committee report, the bill is passed and is sent to the President

14. If both houses accept the conference committee report, the bill is passed and forwarded to the Governor within 30 days.

12. The President can sign or veto the bill within 10 days.  If he does neither, the bill becomes law after 10 days if Congress is in session.  If Congress is not in session, the bill does not become law (“pocket veto”)

15. The Governor can sign or veto the bill within 60 days.  If the Governor does nothing, the bill becomes law after 60 days.  He also has the right to amend the bill (“amendatory veto”) or change the dollar amount of a bill allocating funds (“item veto”). 

13. Both houses must vote to override the President’s veto by a 2/3 majority.

16.  Both houses must vote to override a total veto by a 2/3 majority. If a total veto is not overridden, the bill dies.  If an item veto is not overridden by a 2/3 majority, the bill becomes law with the change in funding proposed by the governor.  If both houses override an amendatory veto, the bill becomes law in the form originally passed by both houses.

14. Law is assigned a Public Law number, printed as a slip law, then printed in the Statutes at Large

17. Law is assigned a Public Act number and Printed in Laws of Illinois

15. Law is compiled into the United States Code

18. Law is compiled into the Illinois Compiled Statutes

16. Agencies promulgate regulations as directed in the law

19. Agencies promulgate regulations as directed in the law