Legislative History — Illinois
Introduction
When a statute is vaguely worded or key statutory terms are undefined, attorneys and others try to determine exactly what the General Assembly intended the law to mean by investigating the legislative history of the law. Legislative history refers both to the chronology of events that take place as a bill goes through the legislative process and the statements and documents generated during that process. These records of the process may contain remarks by the sponsor(s) of the legislation as to his/her/their intent in introducing the bill and the comments of other legislators regarding their understanding of the bill's purpose.
Researchers of Illinois legislative intent are cautioned that it may not be possible to locate clear statements in the materials described in this guide because legislators frequently do not explain their intent or understanding in published sources.
This guide identifies sources and describes techniques used in researching Illinois legislative history:
The last page is a checklist that can be used as a reminder of the elements and sources consulted in compiling an Illinois legislative history.
1. Bills
The bill is the key to legislative history research, since legislation is assigned a bill number during its legislative consideration and before it achieves Public Act status.
a. Number.
To identify a bill number when you have a citation to the Illinois Compiled Statutes:
1. Look at the history of enactments creating and/or amending the statute. These appear at the end of each statutory section and provide the Public Act number(s).
2. Using the Public Act number(s), locate the text of the Public Act(s) in the Laws of Illinois. This set contains the chronological (Public Act) arrangement of laws enacted by the Illinois General Assembly. Below the Public Act number and the subject terms is the original bill number with its House Bill No. or Senate Bill No. prefix. Bills are renumbered at the beginning of each General Assembly, so the number of the General Assembly is as important as the bill number itself. The bill number is the key to the following research steps.
The Public Act may contain a purpose or findings statement that was not included in the text of the statute.
b. Text.
The text of Illinois House and Senate bills are available in microfiche (Microforms Room, Lower Level), arranged by number of the General Assembly. The readable headers on the top edge of the fiche indicate the first and last bill number on each fiche. Read and/or print the bill using the coin-operated fiche reader/printer (10 cents per page).
Compare the text of the Public Act with the text of the original bill and note any differences between them.
c. Amendments.
Adopted and rejected amendments to the original bill may shed light on legislative intent. The Legislative Synopsis and Digest (Illinois Alcove, Main Floor) is arranged by General Assembly and then by bill number; it provides the name(s) of the sponsor(s), a summary, dates of consideration in both chambers, references to proposed amendments, dates of passage from both chambers, date signed into law, Public Act number, and effective date. The text of amendments are printed in the Journals of the House and Senate (Illinois Documents, Lower Level), on the days on which the amendments were proposed.
d. Similar Bills.
Other bills that were introduced in the same or previous session may also provide some insight on the meaning of the bill that was enacted. The subject index to the Legislative Synopsis and Digest lists all of the bill numbers that deal with a particular subject. If more than one bill number is listed for the subject you are investigating, research the legislative history of the bills that were not enacted.
2. Debates
Sponsors and other legislators may comment on the bill during its second and third reading. Use the dates given in the the Indexes to the Debates (Microforms Room, Lower Level). The debates, which are on microfiche, contain a transcript of what is said on the floor of the House and Senate; they represent the most substantive remarks on legislative intent. For some years, you may need to convert the calendar day to a legislative day; consult the conversion table in the back of the appropriate debate index volume for this information. Because the Indexes are published after the end of the session, you may need to use the Legislative Synopsis and Digest for dates of consideration for a bill in the current session of the General Assembly
3. Committee Actions
Following introduction, bills are referred to a committee based on the subject of the bill. The committee recommends to the full chamber whether or not the bill should be enacted. These committee reports appear in the Journals. Most reports are noteworthy only for their brevity and lack of substantive comment. Some do contain more useful information, however, and for this reason they should be reviewed. Use the "Record of Bills" index in the last volume of both the House and Senate Journals for the appropriate General Assembly; look under the columns labeled "Report of Committee" and "Other Proceedings."
Conference committee reports (included with "Other Proceedings") are usually more valuable sources for determining legislative intent than committee reports from either chamber. When the House and Senate cannot agree on specific language in a bill, the conference committee attempts to reconcile the differences. The conference report then may contain explanations of these differences and reasoning behind the compromise language. Many bills become law without having gone through a conference committee, however.
Since the mid-1970's, House committee meetings have been recorded on audiotapes. The Law Library does not have a collection of these tapes but individual tapes may be ordered from the House Transcribing Clerk for $5 (217/782-8100). You may place an order by phone (provide the bill number and/or Public Act number) and your address; the tape and the invoice will be mailed to you.
4. Gubernatorial Actions
The Governor may influence how a law is implemented and perceived through the use of an approval statement, amendatory veto, or veto message. These messages and statements appear in the Laws of Illinois (before the text of the Public Act) or in the Journals (look under "Governor" in the "Index of Subjects"). Thorough researchers should check both the session laws and the journals. Gubernatorial vetoes of bills that are not overridden by the General Assembly may be informative if a similar bill is introduced in the following session.
5. Other Sources
If the official sources described above are inconclusive or insufficient, the researcher may find secondary sources useful. Caution should be used in relying on these unofficial sources, since the courts may not find them authoritative.
a. Legislative Sponsors.
Legislators may retain files that contains letters, memos, and other documents describing the passage of a bill. Consult the State of Illinois Telephone Directory or the State Executive Directory for phone numbers.
b. Law Review Articles.
Someone else may already have done the research on the bill in question. Look for law review citations in the annotated versions of the Illinois Compiled Statutes by West and Michie or on Legal-Trac under the name of the statute.
c. Newspapers.
The Chicago Tribune and the Chicago Daily Law Bulletin are the most likely newspaper sources of legislative intent information. An index to and backfiles of the Tribune are located in the Newspaper Library (located in the tunnel between the Undergrad Library and the Main Library basement). The Legal-Trac CD indexes the Chicago Daily Law Bulletin and the Law Library has backfiles on microfilm.
d. Illinois State Archives.
Although the odds are slim of finding substantive legislative history information here, you may wish to contact the Archives staff if your research has thus far been in vain. Submit your request by phone (217/782-4866) or mail (Illinois State Archives, Reference Services, Archives Building, Springfield, 62756) and provide the Public Act number. This a free service.
Illinois legislative history research involves many steps, is time-consuming, and is, unfortunately, too often an exercise in futility. This guide provides only an overview of the sources and techniques used in this specialized research area. For a more detailed explanation, see: Wendt, Illinois Legal Research Manual (St. Paul: Butterworth Legal Publishers, 1988), Chapter 6, Legislative History (Reference KFI 1275.W4).
