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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Administrative Procedure Act is | ||||||||||||||||||||||||||||
5 | amended by changing Section 5-45 as follows: | ||||||||||||||||||||||||||||
6 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||||||||||||||||||||||||
7 | Sec. 5-45. Emergency rulemaking. | ||||||||||||||||||||||||||||
8 | (a) "Emergency" means the existence of any situation that | ||||||||||||||||||||||||||||
9 | any agency
finds reasonably constitutes a threat to the public | ||||||||||||||||||||||||||||
10 | interest, safety, or
welfare. | ||||||||||||||||||||||||||||
11 | (b) If any agency finds that an
emergency exists that | ||||||||||||||||||||||||||||
12 | requires adoption of a rule upon fewer days than
is required by | ||||||||||||||||||||||||||||
13 | Section 5-40 and states in writing its reasons for that
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14 | finding, the agency may adopt an emergency rule without prior | ||||||||||||||||||||||||||||
15 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||||||||||||||||||||||||
16 | with the Secretary of
State under Section 5-70. The notice | ||||||||||||||||||||||||||||
17 | shall include the text of the
emergency rule and shall be | ||||||||||||||||||||||||||||
18 | published in the Illinois Register. Consent
orders or other | ||||||||||||||||||||||||||||
19 | court orders adopting settlements negotiated by an agency
may | ||||||||||||||||||||||||||||
20 | be adopted under this Section. Subject to applicable | ||||||||||||||||||||||||||||
21 | constitutional or
statutory provisions, an emergency rule | ||||||||||||||||||||||||||||
22 | becomes effective immediately upon
filing under Section 5-65 or | ||||||||||||||||||||||||||||
23 | at a stated date less than 10 days
thereafter. The agency's |
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1 | finding and a statement of the specific reasons
for the finding | ||||||
2 | shall be filed with the rule. The agency shall take
reasonable | ||||||
3 | and appropriate measures to make emergency rules known to the
| ||||||
4 | persons who may be affected by them. | ||||||
5 | (c) An emergency rule may be effective for a period of not | ||||||
6 | longer than
150 days, but the agency's authority to adopt an | ||||||
7 | identical rule under Section
5-40 is not precluded. No | ||||||
8 | emergency rule may be adopted more
than once in any 24-month | ||||||
9 | period, except that this limitation on the number
of emergency | ||||||
10 | rules that may be adopted in a 24-month period does not apply
| ||||||
11 | to (i) emergency rules that make additions to and deletions | ||||||
12 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
13 | Public Aid Code or the
generic drug formulary under Section | ||||||
14 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
15 | emergency rules adopted by the Pollution Control
Board before | ||||||
16 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
17 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
18 | Department of Public Health under subsections (a) through (i) | ||||||
19 | of Section 2 of the Department of Public Health Act when | ||||||
20 | necessary to protect the public's health, (iv) emergency rules | ||||||
21 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
22 | emergency rules adopted pursuant to subsection (o) of this | ||||||
23 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
24 | (c-5) of this Section. Two or more emergency rules having | ||||||
25 | substantially the same
purpose and effect shall be deemed to be | ||||||
26 | a single rule for purposes of this
Section. |
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1 | (c-5) To facilitate the maintenance of the program of group | ||||||
2 | health benefits provided to annuitants, survivors, and retired | ||||||
3 | employees under the State Employees Group Insurance Act of | ||||||
4 | 1971, rules to alter the contributions to be paid by the State, | ||||||
5 | annuitants, survivors, retired employees, or any combination | ||||||
6 | of those entities, for that program of group health benefits, | ||||||
7 | shall be adopted as emergency rules. The adoption of those | ||||||
8 | rules shall be considered an emergency and necessary for the | ||||||
9 | public interest, safety, and welfare. | ||||||
10 | (d) In order to provide for the expeditious and timely | ||||||
11 | implementation
of the State's fiscal year 1999 budget, | ||||||
12 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
13 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
14 | may be adopted in
accordance with this Section by the agency | ||||||
15 | charged with administering that
provision or initiative, | ||||||
16 | except that the 24-month limitation on the adoption
of | ||||||
17 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
18 | do not apply
to rules adopted under this subsection (d). The | ||||||
19 | adoption of emergency rules
authorized by this subsection (d) | ||||||
20 | shall be deemed to be necessary for the
public interest, | ||||||
21 | safety, and welfare. | ||||||
22 | (e) In order to provide for the expeditious and timely | ||||||
23 | implementation
of the State's fiscal year 2000 budget, | ||||||
24 | emergency rules to implement any
provision of Public Act 91-24
| ||||||
25 | or any other budget initiative for fiscal year 2000 may be | ||||||
26 | adopted in
accordance with this Section by the agency charged |
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1 | with administering that
provision or initiative, except that | ||||||
2 | the 24-month limitation on the adoption
of emergency rules and | ||||||
3 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
4 | rules adopted under this subsection (e). The adoption of | ||||||
5 | emergency rules
authorized by this subsection (e) shall be | ||||||
6 | deemed to be necessary for the
public interest, safety, and | ||||||
7 | welfare. | ||||||
8 | (f) In order to provide for the expeditious and timely | ||||||
9 | implementation
of the State's fiscal year 2001 budget, | ||||||
10 | emergency rules to implement any
provision of Public Act 91-712
| ||||||
11 | or any other budget initiative for fiscal year 2001 may be | ||||||
12 | adopted in
accordance with this Section by the agency charged | ||||||
13 | with administering that
provision or initiative, except that | ||||||
14 | the 24-month limitation on the adoption
of emergency rules and | ||||||
15 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
16 | rules adopted under this subsection (f). The adoption of | ||||||
17 | emergency rules
authorized by this subsection (f) shall be | ||||||
18 | deemed to be necessary for the
public interest, safety, and | ||||||
19 | welfare. | ||||||
20 | (g) In order to provide for the expeditious and timely | ||||||
21 | implementation
of the State's fiscal year 2002 budget, | ||||||
22 | emergency rules to implement any
provision of Public Act 92-10
| ||||||
23 | or any other budget initiative for fiscal year 2002 may be | ||||||
24 | adopted in
accordance with this Section by the agency charged | ||||||
25 | with administering that
provision or initiative, except that | ||||||
26 | the 24-month limitation on the adoption
of emergency rules and |
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| |||||||
1 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
2 | rules adopted under this subsection (g). The adoption of | ||||||
3 | emergency rules
authorized by this subsection (g) shall be | ||||||
4 | deemed to be necessary for the
public interest, safety, and | ||||||
5 | welfare. | ||||||
6 | (h) In order to provide for the expeditious and timely | ||||||
7 | implementation
of the State's fiscal year 2003 budget, | ||||||
8 | emergency rules to implement any
provision of Public Act 92-597
| ||||||
9 | or any other budget initiative for fiscal year 2003 may be | ||||||
10 | adopted in
accordance with this Section by the agency charged | ||||||
11 | with administering that
provision or initiative, except that | ||||||
12 | the 24-month limitation on the adoption
of emergency rules and | ||||||
13 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
14 | rules adopted under this subsection (h). The adoption of | ||||||
15 | emergency rules
authorized by this subsection (h) shall be | ||||||
16 | deemed to be necessary for the
public interest, safety, and | ||||||
17 | welfare. | ||||||
18 | (i) In order to provide for the expeditious and timely | ||||||
19 | implementation
of the State's fiscal year 2004 budget, | ||||||
20 | emergency rules to implement any
provision of Public Act 93-20
| ||||||
21 | or any other budget initiative for fiscal year 2004 may be | ||||||
22 | adopted in
accordance with this Section by the agency charged | ||||||
23 | with administering that
provision or initiative, except that | ||||||
24 | the 24-month limitation on the adoption
of emergency rules and | ||||||
25 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
26 | rules adopted under this subsection (i). The adoption of |
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| |||||||
1 | emergency rules
authorized by this subsection (i) shall be | ||||||
2 | deemed to be necessary for the
public interest, safety, and | ||||||
3 | welfare. | ||||||
4 | (j) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the State's fiscal year | ||||||
6 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
7 | Implementation (Human Services) Act, emergency rules to | ||||||
8 | implement any provision of the Fiscal Year 2005 Budget | ||||||
9 | Implementation (Human Services) Act may be adopted in | ||||||
10 | accordance with this Section by the agency charged with | ||||||
11 | administering that provision, except that the 24-month | ||||||
12 | limitation on the adoption of emergency rules and the | ||||||
13 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
14 | adopted under this subsection (j). The Department of Public Aid | ||||||
15 | may also adopt rules under this subsection (j) necessary to | ||||||
16 | administer the Illinois Public Aid Code and the Children's | ||||||
17 | Health Insurance Program Act. The adoption of emergency rules | ||||||
18 | authorized by this subsection (j) shall be deemed to be | ||||||
19 | necessary for the public interest, safety, and welfare.
| ||||||
20 | (k) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of the State's fiscal year | ||||||
22 | 2006 budget, emergency rules to implement any provision of | ||||||
23 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
24 | 2006 may be adopted in accordance with this Section by the | ||||||
25 | agency charged with administering that provision or | ||||||
26 | initiative, except that the 24-month limitation on the adoption |
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1 | of emergency rules and the provisions of Sections 5-115 and | ||||||
2 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
3 | The Department of Healthcare and Family Services may also adopt | ||||||
4 | rules under this subsection (k) necessary to administer the | ||||||
5 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
6 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
7 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
8 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
9 | Children's Health Insurance Program Act. The adoption of | ||||||
10 | emergency rules authorized by this subsection (k) shall be | ||||||
11 | deemed to be necessary for the public interest, safety, and | ||||||
12 | welfare.
| ||||||
13 | (l) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the
State's fiscal year | ||||||
15 | 2007 budget, the Department of Healthcare and Family Services | ||||||
16 | may adopt emergency rules during fiscal year 2007, including | ||||||
17 | rules effective July 1, 2007, in
accordance with this | ||||||
18 | subsection to the extent necessary to administer the | ||||||
19 | Department's responsibilities with respect to amendments to | ||||||
20 | the State plans and Illinois waivers approved by the federal | ||||||
21 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
22 | requirements of Title XIX and Title XXI of the federal Social | ||||||
23 | Security Act. The adoption of emergency rules
authorized by | ||||||
24 | this subsection (l) shall be deemed to be necessary for the | ||||||
25 | public interest,
safety, and welfare.
| ||||||
26 | (m) In order to provide for the expeditious and timely |
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| |||||||
1 | implementation of the provisions of the
State's fiscal year | ||||||
2 | 2008 budget, the Department of Healthcare and Family Services | ||||||
3 | may adopt emergency rules during fiscal year 2008, including | ||||||
4 | rules effective July 1, 2008, in
accordance with this | ||||||
5 | subsection to the extent necessary to administer the | ||||||
6 | Department's responsibilities with respect to amendments to | ||||||
7 | the State plans and Illinois waivers approved by the federal | ||||||
8 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
9 | requirements of Title XIX and Title XXI of the federal Social | ||||||
10 | Security Act. The adoption of emergency rules
authorized by | ||||||
11 | this subsection (m) shall be deemed to be necessary for the | ||||||
12 | public interest,
safety, and welfare.
| ||||||
13 | (n) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the State's fiscal year | ||||||
15 | 2010 budget, emergency rules to implement any provision of | ||||||
16 | Public Act 96-45 or any other budget initiative authorized by | ||||||
17 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
18 | in accordance with this Section by the agency charged with | ||||||
19 | administering that provision or initiative. The adoption of | ||||||
20 | emergency rules authorized by this subsection (n) shall be | ||||||
21 | deemed to be necessary for the public interest, safety, and | ||||||
22 | welfare. The rulemaking authority granted in this subsection | ||||||
23 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
24 | 2010. | ||||||
25 | (o) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of the State's fiscal year |
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| |||||||
1 | 2011 budget, emergency rules to implement any provision of | ||||||
2 | Public Act 96-958 or any other budget initiative authorized by | ||||||
3 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
4 | in accordance with this Section by the agency charged with | ||||||
5 | administering that provision or initiative. The adoption of | ||||||
6 | emergency rules authorized by this subsection (o) is deemed to | ||||||
7 | be necessary for the public interest, safety, and welfare. The | ||||||
8 | rulemaking authority granted in this subsection (o) applies | ||||||
9 | only to rules promulgated on or after July 1, 2010 (the | ||||||
10 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
11 | (p) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of Public Act 97-689, | ||||||
13 | emergency rules to implement any provision of Public Act 97-689 | ||||||
14 | may be adopted in accordance with this subsection (p) by the | ||||||
15 | agency charged with administering that provision or | ||||||
16 | initiative. The 150-day limitation of the effective period of | ||||||
17 | emergency rules does not apply to rules adopted under this | ||||||
18 | subsection (p), and the effective period may continue through | ||||||
19 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
20 | emergency rules does not apply to rules adopted under this | ||||||
21 | subsection (p). The adoption of emergency rules authorized by | ||||||
22 | this subsection (p) is deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. | ||||||
24 | (q) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
26 | 12 of Public Act 98-104, emergency rules to implement any |
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| |||||||
1 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
2 | may be adopted in accordance with this subsection (q) by the | ||||||
3 | agency charged with administering that provision or | ||||||
4 | initiative. The 24-month limitation on the adoption of | ||||||
5 | emergency rules does not apply to rules adopted under this | ||||||
6 | subsection (q). The adoption of emergency rules authorized by | ||||||
7 | this subsection (q) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (r) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 98-651, | ||||||
11 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
12 | in accordance with this subsection (r) by the Department of | ||||||
13 | Healthcare and Family Services. The 24-month limitation on the | ||||||
14 | adoption of emergency rules does not apply to rules adopted | ||||||
15 | under this subsection (r). The adoption of emergency rules | ||||||
16 | authorized by this subsection (r) is deemed to be necessary for | ||||||
17 | the public interest, safety, and welfare. | ||||||
18 | (s) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
20 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
21 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
22 | Public Aid Code may be adopted in accordance with this | ||||||
23 | subsection (s) by the Department of Healthcare and Family | ||||||
24 | Services. The rulemaking authority granted in this subsection | ||||||
25 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
26 | 2015. Notwithstanding any other provision of this Section, any |
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1 | emergency rule adopted under this subsection (s) shall only | ||||||
2 | apply to payments made for State fiscal year 2015. The adoption | ||||||
3 | of emergency rules authorized by this subsection (s) is deemed | ||||||
4 | to be necessary for the public interest, safety, and welfare. | ||||||
5 | (t) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of Article II of Public Act | ||||||
7 | 99-6, emergency rules to implement the changes made by Article | ||||||
8 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
9 | be adopted in accordance with this subsection (t) by the | ||||||
10 | Department of State Police. The rulemaking authority granted in | ||||||
11 | this subsection (t) shall apply only to those rules adopted | ||||||
12 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
13 | of emergency rules does not apply to rules adopted under this | ||||||
14 | subsection (t). The adoption of emergency rules authorized by | ||||||
15 | this subsection (t) is deemed to be necessary for the public | ||||||
16 | interest, safety, and welfare. | ||||||
17 | (u) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of the Burn Victims Relief | ||||||
19 | Act, emergency rules to implement any provision of the Act may | ||||||
20 | be adopted in accordance with this subsection (u) by the | ||||||
21 | Department of Insurance. The rulemaking authority granted in | ||||||
22 | this subsection (u) shall apply only to those rules adopted | ||||||
23 | prior to December 31, 2015. The adoption of emergency rules | ||||||
24 | authorized by this subsection (u) is deemed to be necessary for | ||||||
25 | the public interest, safety, and welfare. | ||||||
26 | (v) In order to provide for the expeditious and timely |
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| |||||||
1 | implementation of the provisions of Public Act 99-516, | ||||||
2 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
3 | in accordance with this subsection (v) by the Department of | ||||||
4 | Healthcare and Family Services. The 24-month limitation on the | ||||||
5 | adoption of emergency rules does not apply to rules adopted | ||||||
6 | under this subsection (v). The adoption of emergency rules | ||||||
7 | authorized by this subsection (v) is deemed to be necessary for | ||||||
8 | the public interest, safety, and welfare. | ||||||
9 | (w) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 99-796, | ||||||
11 | emergency rules to implement the changes made by Public Act | ||||||
12 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
13 | the Adjutant General. The adoption of emergency rules | ||||||
14 | authorized by this subsection (w) is deemed to be necessary for | ||||||
15 | the public interest, safety, and welfare. | ||||||
16 | (x) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of Public Act 99-906, | ||||||
18 | emergency rules to implement subsection (i) of Section 16-115D, | ||||||
19 | subsection (g) of Section 16-128A, and subsection (a) of | ||||||
20 | Section 16-128B of the Public Utilities Act may be adopted in | ||||||
21 | accordance with this subsection (x) by the Illinois Commerce | ||||||
22 | Commission. The rulemaking authority granted in this | ||||||
23 | subsection (x) shall apply only to those rules adopted within | ||||||
24 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
25 | 99-906). The adoption of emergency rules authorized by this | ||||||
26 | subsection (x) is deemed to be necessary for the public |
| |||||||
| |||||||
1 | interest, safety, and welfare. | ||||||
2 | (y) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of Public Act 100-23, | ||||||
4 | emergency rules to implement the changes made by Public Act | ||||||
5 | 100-23 to Section 4.02 of the Illinois Act on the Aging, | ||||||
6 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
7 | Section 55-30 of the Alcoholism and Other Drug Abuse and | ||||||
8 | Dependency Act, and Sections 74 and 75 of the Mental Health and | ||||||
9 | Developmental Disabilities Administrative Act may be adopted | ||||||
10 | in accordance with this subsection (y) by the respective | ||||||
11 | Department. The adoption of emergency rules authorized by this | ||||||
12 | subsection (y) is deemed to be necessary for the public | ||||||
13 | interest, safety, and welfare. | ||||||
14 | (z) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of Public Act 100-554, | ||||||
16 | emergency rules to implement the changes made by Public Act | ||||||
17 | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | ||||||
18 | adopted in accordance with this subsection (z) by the Secretary | ||||||
19 | of State. The adoption of emergency rules authorized by this | ||||||
20 | subsection (z) is deemed to be necessary for the public | ||||||
21 | interest, safety, and welfare. | ||||||
22 | (aa) In order to provide for the expeditious and timely | ||||||
23 | initial implementation of the changes made to Articles 5, 5A, | ||||||
24 | 12, and 14 of the Illinois Public Aid Code under the provisions | ||||||
25 | of Public Act 100-581, the Department of Healthcare and Family | ||||||
26 | Services may adopt emergency rules in accordance with this |
| |||||||
| |||||||
1 | subsection (aa). The 24-month limitation on the adoption of | ||||||
2 | emergency rules does not apply to rules to initially implement | ||||||
3 | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | ||||||
4 | Public Aid Code adopted under this subsection (aa). The | ||||||
5 | adoption of emergency rules authorized by this subsection (aa) | ||||||
6 | is deemed to be necessary for the public interest, safety, and | ||||||
7 | welfare. | ||||||
8 | (bb) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of Public Act 100-587, | ||||||
10 | emergency rules to implement the changes made by Public Act | ||||||
11 | 100-587 to Section 4.02 of the Illinois Act on the Aging, | ||||||
12 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
13 | subsection (b) of Section 55-30 of the Alcoholism and Other | ||||||
14 | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | ||||||
15 | Mental Health Rehabilitation Act of 2013, and Section 75 and | ||||||
16 | subsection (b) of Section 74 of the Mental Health and | ||||||
17 | Developmental Disabilities Administrative Act may be adopted | ||||||
18 | in accordance with this subsection (bb) by the respective | ||||||
19 | Department. The adoption of emergency rules authorized by this | ||||||
20 | subsection (bb) is deemed to be necessary for the public | ||||||
21 | interest, safety, and welfare. | ||||||
22 | (cc) In order to provide for the expeditious and timely | ||||||
23 | implementation of the provisions of Public Act 100-587, | ||||||
24 | emergency rules may be adopted in accordance with this | ||||||
25 | subsection (cc) to implement the changes made by Public Act | ||||||
26 | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois |
| |||||||
| |||||||
1 | Pension Code by the Board created under Article 14 of the Code; | ||||||
2 | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | ||||||
3 | the Board created under Article 15 of the Code; and Sections | ||||||
4 | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | ||||||
5 | created under Article 16 of the Code. The adoption of emergency | ||||||
6 | rules authorized by this subsection (cc) is deemed to be | ||||||
7 | necessary for the public interest, safety, and welfare. | ||||||
8 | (dd) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of Public Act 100-864, | ||||||
10 | emergency rules to implement the changes made by Public Act | ||||||
11 | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | ||||||
12 | may be adopted in accordance with this subsection (dd) by the | ||||||
13 | Secretary of State. The adoption of emergency rules authorized | ||||||
14 | by this subsection (dd) is deemed to be necessary for the | ||||||
15 | public interest, safety, and welfare. | ||||||
16 | (ee) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of Public Act 100-1172, | ||||||
18 | emergency rules implementing the Illinois Underground Natural | ||||||
19 | Gas Storage Safety Act may be adopted in accordance with this | ||||||
20 | subsection by the Department of Natural Resources. The adoption | ||||||
21 | of emergency rules authorized by this subsection is deemed to | ||||||
22 | be necessary for the public interest, safety, and welfare. | ||||||
23 | (ff) In order to provide for the expeditious and timely | ||||||
24 | initial implementation of the changes made to Articles 5A and | ||||||
25 | 14 of the Illinois Public Aid Code under the provisions of | ||||||
26 | Public Act 100-1181, the Department of Healthcare and Family |
| |||||||
| |||||||
1 | Services may on a one-time-only basis adopt emergency rules in | ||||||
2 | accordance with this subsection (ff). The 24-month limitation | ||||||
3 | on the adoption of emergency rules does not apply to rules to | ||||||
4 | initially implement the changes made to Articles 5A and 14 of | ||||||
5 | the Illinois Public Aid Code adopted under this subsection | ||||||
6 | (ff). The adoption of emergency rules authorized by this | ||||||
7 | subsection (ff) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (gg) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 101-1, emergency | ||||||
11 | rules may be adopted by the Department of Labor in accordance | ||||||
12 | with this subsection (gg) to implement the changes made by | ||||||
13 | Public Act 101-1 to the Minimum Wage Law. The adoption of | ||||||
14 | emergency rules authorized by this subsection (gg) is deemed to | ||||||
15 | be necessary for the public interest, safety, and welfare. | ||||||
16 | (hh) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of Public Act 101-10 this | ||||||
18 | amendatory Act of the 101st General Assembly , emergency rules | ||||||
19 | may be adopted in accordance with this subsection (hh) to | ||||||
20 | implement the changes made by Public Act 101-10 this amendatory | ||||||
21 | Act of the 101st General Assembly to subsection (j) of Section | ||||||
22 | 5-5.2 of the Illinois Public Aid Code. The adoption of | ||||||
23 | emergency rules authorized by this subsection (hh) is deemed to | ||||||
24 | be necessary for the public interest, safety, and welfare. | ||||||
25 | (ii) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of Public Act 101-10 this |
| |||||||
| |||||||
1 | amendatory Act of the 101st General Assembly , emergency rules | ||||||
2 | to implement the changes made by Public Act 101-10 this | ||||||
3 | amendatory Act of the 101st General Assembly to Sections 5-5.4 | ||||||
4 | and 5-5.4i of the Illinois Public Aid Code may be adopted in | ||||||
5 | accordance with this subsection (ii) by the Department of | ||||||
6 | Public Health. The adoption of emergency rules authorized by | ||||||
7 | this subsection (ii) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (jj) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 101-10 this | ||||||
11 | amendatory Act of the 101st General Assembly , emergency rules | ||||||
12 | to implement the changes made by Public Act 101-10 this | ||||||
13 | amendatory Act of the 101st General Assembly to Section 74 of | ||||||
14 | the Mental Health and Developmental Disabilities | ||||||
15 | Administrative Act may be adopted in accordance with this | ||||||
16 | subsection (jj) by the Department of Human Services. The | ||||||
17 | adoption of emergency rules authorized by this subsection (jj) | ||||||
18 | is deemed to be necessary for the public interest, safety, and | ||||||
19 | welfare. | ||||||
20 | (kk) (gg) In order to provide for the expeditious and | ||||||
21 | timely implementation of the Cannabis Regulation and Tax Act | ||||||
22 | and Public Act 101-27 this amendatory Act of the 101st General | ||||||
23 | Assembly , the Department of Revenue, the Department of Public | ||||||
24 | Health, the Department of Agriculture, the Department of State | ||||||
25 | Police, and the Department of Financial and Professional | ||||||
26 | Regulation may adopt emergency rules in accordance with this |
| |||||||
| |||||||
1 | subsection (kk) (gg) . The rulemaking authority granted in this | ||||||
2 | subsection (kk) (gg) shall apply only to rules adopted before | ||||||
3 | December 31, 2021. Notwithstanding the provisions of | ||||||
4 | subsection (c), emergency rules adopted under this subsection | ||||||
5 | (kk) (gg) shall be effective for 180 days. The adoption of | ||||||
6 | emergency rules authorized by this subsection (kk) (gg) is | ||||||
7 | deemed to be necessary for the public interest, safety, and | ||||||
8 | welfare. | ||||||
9 | (ll) (hh) In order to provide for the expeditious and | ||||||
10 | timely implementation of the provisions of the Leveling the | ||||||
11 | Playing Field for Illinois Retail Act, emergency rules may be | ||||||
12 | adopted in accordance with this subsection (ll) (hh) to | ||||||
13 | implement the changes made by the Leveling the Playing Field | ||||||
14 | for Illinois Retail Act. The adoption of emergency rules | ||||||
15 | authorized by this subsection (ll) (hh) is deemed to be | ||||||
16 | necessary for the public interest, safety, and welfare. | ||||||
17 | (mm) (ii) In order to provide for the expeditious and | ||||||
18 | timely implementation of the provisions of Section 25-70 of the | ||||||
19 | Sports Wagering Act, emergency rules to implement Section 25-70 | ||||||
20 | of the Sports Wagering Act may be adopted in accordance with | ||||||
21 | this subsection (mm) (ii) by the Department of the Lottery as | ||||||
22 | provided in the Sports Wagering Act. The adoption of emergency | ||||||
23 | rules authorized by this subsection (mm) (ii) is deemed to be | ||||||
24 | necessary for the public interest, safety, and welfare. | ||||||
25 | (nn) (jj) In order to provide for the expeditious and | ||||||
26 | timely implementation of the Sports Wagering Act, emergency |
| |||||||
| |||||||
1 | rules to implement the Sports Wagering Act may be adopted in | ||||||
2 | accordance with this subsection (nn) (jj) by the Illinois | ||||||
3 | Gaming Board. The adoption of emergency rules authorized by | ||||||
4 | this subsection (nn) (jj) is deemed to be necessary for the | ||||||
5 | public interest, safety, and welfare. | ||||||
6 | (oo) (kk) In order to provide for the expeditious and | ||||||
7 | timely implementation of the provisions of subsection (c) of | ||||||
8 | Section 20 of the Video Gaming Act, emergency rules to | ||||||
9 | implement the provisions of subsection (c) of Section 20 of the | ||||||
10 | Video Gaming Act may be adopted in accordance with this | ||||||
11 | subsection (oo) (kk) by the Illinois Gaming Board. The adoption | ||||||
12 | of emergency rules authorized by this subsection (oo) (kk) is | ||||||
13 | deemed to be necessary for the public interest, safety, and | ||||||
14 | welfare. | ||||||
15 | (pp) (gg) In order to provide for the expeditious and | ||||||
16 | timely
implementation of the provisions of Section 50 of the | ||||||
17 | Sexual
Assault Evidence Submission Act, emergency rules to | ||||||
18 | implement
Section 50 of the Sexual Assault Evidence Submission | ||||||
19 | Act may be
adopted in accordance with this subsection (pp) (gg) | ||||||
20 | by the
Department of State Police. The adoption of emergency | ||||||
21 | rules
authorized by this subsection (pp) (gg) is deemed to be | ||||||
22 | necessary
for the public interest, safety, and welfare. | ||||||
23 | (qq) In order to provide for the expeditious and timely | ||||||
24 | implementation of the provisions of this amendatory Act of the | ||||||
25 | 101st General Assembly, emergency rules to implement the | ||||||
26 | changes made by this amendatory Act of the 101st General |
| |||||||
| |||||||
1 | Assembly to Section 40 of the Firearm Concealed Carry Act may | ||||||
2 | be adopted in accordance with this subsection (qq) by the | ||||||
3 | Illinois State Police. The adoption of emergency rules | ||||||
4 | authorized by this subsection (qq) is deemed to be necessary | ||||||
5 | for the public interest, safety, and welfare. | ||||||
6 | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | ||||||
7 | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | ||||||
8 | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | ||||||
9 | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff. | ||||||
10 | 3-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5, | ||||||
11 | eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19; | ||||||
12 | 101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff. | ||||||
13 | 6-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19; | ||||||
14 | 101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff. | ||||||
15 | 8-16-19; revised 9-27-19.) | ||||||
16 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
17 | changing Sections 40 and 60 as follows: | ||||||
18 | (430 ILCS 66/40)
| ||||||
19 | Sec. 40. Non-resident license applications. | ||||||
20 | (a) For the purposes of this Section, "non-resident" means | ||||||
21 | a person who has not resided within this State for more than 30 | ||||||
22 | days and resides in another state or territory. | ||||||
23 | (b) The Department shall by rule allow for non-resident | ||||||
24 | license applications from any state or territory of the United |
| |||||||
| |||||||
1 | States with laws related to firearm ownership, possession, and | ||||||
2 | carrying, that are substantially similar to the requirements to | ||||||
3 | obtain a license under this Act. | ||||||
4 | (c) A resident of a state or territory approved by the | ||||||
5 | Department under subsection (b) of this Section may apply for a | ||||||
6 | non-resident license. The applicant shall apply to the | ||||||
7 | Department and must meet all of the qualifications established | ||||||
8 | in Section 25 of this Act, except for the Illinois residency | ||||||
9 | requirement in item (xiv) of paragraph (2) of subsection (a) of | ||||||
10 | Section 4 of the Firearm Owners Identification Card Act. The | ||||||
11 | applicant shall submit: | ||||||
12 | (1) the application and documentation required under | ||||||
13 | Section 30 of this Act and the applicable fee; | ||||||
14 | (2) a notarized document stating that the applicant: | ||||||
15 | (A) is eligible under federal law and the laws of | ||||||
16 | his or her state or territory of residence to own or | ||||||
17 | possess a firearm; | ||||||
18 | (B) if applicable, has a license or permit to carry | ||||||
19 | a firearm or concealed firearm issued by his or her | ||||||
20 | state or territory of residence and attach a copy of | ||||||
21 | the license or permit to the application; | ||||||
22 | (C) understands Illinois laws pertaining to the | ||||||
23 | possession and transport of firearms; and | ||||||
24 | (D) acknowledges that the applicant is subject to | ||||||
25 | the jurisdiction of the Department and Illinois courts | ||||||
26 | for any violation of this Act; |
| |||||||
| |||||||
1 | (3) a photocopy of any certificates or other evidence | ||||||
2 | of compliance with the training requirements under Section | ||||||
3 | 75 of this Act; and | ||||||
4 | (4) a head and shoulder color photograph in a size | ||||||
5 | specified by the Department taken within the 30 days | ||||||
6 | preceding the date of the application. | ||||||
7 | (d) In lieu of an Illinois driver's license or Illinois | ||||||
8 | identification card, a non-resident applicant shall provide | ||||||
9 | similar documentation from his or her state or territory of | ||||||
10 | residence. In lieu of a valid Firearm Owner's Identification | ||||||
11 | Card, the applicant shall submit documentation and information | ||||||
12 | required by the Department to obtain a Firearm Owner's | ||||||
13 | Identification Card, including an affidavit that the | ||||||
14 | non-resident meets the mental health standards to obtain a | ||||||
15 | firearm under Illinois law, and the Department shall ensure | ||||||
16 | that the applicant would meet the eligibility criteria to | ||||||
17 | obtain a Firearm Owner's Identification card if he or she was a | ||||||
18 | resident of this State. | ||||||
19 | (e) Nothing in this Act shall prohibit a non-resident from | ||||||
20 | transporting a concealed firearm within his or her vehicle in | ||||||
21 | Illinois, if the concealed firearm remains within his or her | ||||||
22 | vehicle and the non-resident: | ||||||
23 | (1) is not prohibited from owning or possessing a | ||||||
24 | firearm under federal law; | ||||||
25 | (2) is eligible to carry a firearm in public under the | ||||||
26 | laws of his or her state or territory of residence, as
|
| |||||||
| |||||||
1 | evidenced by the possession of a concealed carry license or | ||||||
2 | permit issued by his or her state of residence, if
| ||||||
3 | applicable; and | ||||||
4 | (3) is not in possession of a license under this Act. | ||||||
5 | If the non-resident leaves his or her vehicle unattended, | ||||||
6 | he or she shall store the firearm within a locked vehicle or | ||||||
7 | locked container within the vehicle in accordance with | ||||||
8 | subsection (b) of Section 65 of this Act. | ||||||
9 | (f) Notwithstanding whether the laws of the state or | ||||||
10 | territory where the non-resident resides related to firearm | ||||||
11 | ownership, possession, and carrying are substantially similar | ||||||
12 | to the requirements to obtain a license under this Act, the | ||||||
13 | Illinois State Police shall, no later than 120 days after the | ||||||
14 | effective date of this amendatory Act of the 101st General | ||||||
15 | Assembly, allow for a non-resident license application if the | ||||||
16 | applicant is an active duty member of the Armed Forces of the | ||||||
17 | United States who is stationed in this State and lives in this | ||||||
18 | State.
A non-resident active duty member of the Armed Forces of | ||||||
19 | the United States who is stationed in this State and lives in | ||||||
20 | this State shall apply to the Illinois State Police and must | ||||||
21 | meet all of the qualifications established in Section 25 and | ||||||
22 | shall submit: | ||||||
23 | (1) the application and documentation required under | ||||||
24 | subsection (b) of Section 30 and the applicable fee; | ||||||
25 | (2) a photocopy of a valid military identification card | ||||||
26 | or Official Proof of Service Letter; and |
| |||||||
| |||||||
1 | (3) a photocopy of permanent change-of-station orders | ||||||
2 | to an assignment in this State. | ||||||
3 | In lieu of an Illinois driver's license or Illinois | ||||||
4 | identification card, a non-resident applicant under this | ||||||
5 | subsection (f) shall provide similar documentation from his or | ||||||
6 | her state or territory of residence. A non-resident licensee | ||||||
7 | approved under this subsection (f) shall notify the Illinois | ||||||
8 | State Police 30 days following a permanent change of station | ||||||
9 | move to an assignment outside of this State and shall surrender | ||||||
10 | his or her license to the Illinois State Police. A license | ||||||
11 | issued under this subsection (f) shall expire on the earlier | ||||||
12 | date of: (i) 5 years from the date of issuance; or (ii) the | ||||||
13 | date the licensee's assignment in this State terminates. The | ||||||
14 | Illinois State Police may adopt rules necessary to implement | ||||||
15 | this amendatory Act of the 101st General Assembly through the | ||||||
16 | use of emergency rulemaking in accordance with Section 5-45 of | ||||||
17 | the Illinois Administrative Procedure Act for a period not to | ||||||
18 | exceed 180 days after the effective date of this amendatory Act | ||||||
19 | of the 101st General Assembly.
| ||||||
20 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, | ||||||
21 | eff. 7-20-15.) | ||||||
22 | (430 ILCS 66/60)
| ||||||
23 | Sec. 60. Fees. | ||||||
24 | (a) All fees collected under this Act shall be deposited as | ||||||
25 | provided in this Section. Application, renewal, and |
| |||||||
| |||||||
1 | replacement fees shall be non-refundable. | ||||||
2 | (b) An applicant for a new license or a renewal shall | ||||||
3 | submit $150 with the application, of which $120 shall be | ||||||
4 | apportioned to the State Police Firearm Services Fund, $20 | ||||||
5 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
6 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
7 | (c) A non-resident applicant for a new license or renewal | ||||||
8 | shall submit $300 with the application, of which $250 shall be | ||||||
9 | apportioned to the State Police Firearm Services Fund, $40 | ||||||
10 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
11 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
12 | (d) A licensee requesting a new license in accordance with | ||||||
13 | Section 55 shall submit $75, of which $60 shall be apportioned | ||||||
14 | to the State Police Firearm Services Fund, $5 shall be | ||||||
15 | apportioned to the Mental Health Reporting Fund, and $10 shall | ||||||
16 | be apportioned to the State Crime Laboratory Fund.
| ||||||
17 | (e) An applicant for a new license or a renewal who is a | ||||||
18 | non-resident active duty member of the Armed
Forces of the | ||||||
19 | United States stationed in this State shall submit $150 with | ||||||
20 | the application, of which $120 shall be apportioned to the | ||||||
21 | State Police Firearm Services Fund, $20 shall be apportioned to | ||||||
22 | the Mental Health Reporting Fund, and $10 shall be apportioned | ||||||
23 | to the State Crime Laboratory Fund. | ||||||
24 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
|