97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2065

 

Introduced 2/10/2011, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/5-50  from Ch. 127, par. 1005-50

    Amends the Illinois Administrative Procedure Act. Provides that the peremptory rulemaking procedure applies only to collective bargaining agreements executed before the effective date of the amendatory Act.


LRB097 10317 JDS 50525 b

 

 

A BILL FOR

 

SB2065LRB097 10317 JDS 50525 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by changing Section 5-50 as follows:
 
6    (5 ILCS 100/5-50)  (from Ch. 127, par. 1005-50)
7    Sec. 5-50. Peremptory rulemaking. "Peremptory rulemaking"
8means any rulemaking that is required as a result of federal
9law, federal rules and regulations, an order of a court, or a
10collective bargaining agreement pursuant to subsection (d) of
11Section 1-5 executed before the effective date of this
12amendatory Act of the 97th General Assembly, under conditions
13that preclude compliance with the general rulemaking
14requirements imposed by Section 5-40 and that preclude the
15exercise of discretion by the agency as to the content of the
16rule it is required to adopt. Peremptory rulemaking shall not
17be used to implement consent orders or other court orders
18adopting settlements negotiated by the agency. If any agency
19finds that peremptory rulemaking is necessary and states in
20writing its reasons for that finding, the agency may adopt
21peremptory rulemaking upon filing a notice of rulemaking with
22the Secretary of State under Section 5-70. The notice shall be
23published in the Illinois Register. A rule adopted under the

 

 

SB2065- 2 -LRB097 10317 JDS 50525 b

1peremptory rulemaking provisions of this Section becomes
2effective immediately upon filing with the Secretary of State
3and in the agency's principal office, or at a date required or
4authorized by the relevant federal law, federal rules and
5regulations, or court order, as stated in the notice of
6rulemaking. Notice of rulemaking under this Section shall be
7published in the Illinois Register, shall specifically refer to
8the appropriate State or federal court order or federal law,
9rules, and regulations, and shall be in a form as the Secretary
10of State may reasonably prescribe by rule. The agency shall
11file the notice of peremptory rulemaking within 30 days after a
12change in rules is required.
13    The Department of Healthcare and Family Services may adopt
14peremptory rulemaking under the terms and conditions of this
15Section to implement final payments included in a State
16Medicaid Plan Amendment approved by the Centers for Medicare
17and Medicaid Services of the United States Department of Health
18and Human Services and authorized under Section 5A-12.2 of the
19Illinois Public Aid Code, and to adjust hospital provider
20assessments as Medicaid Provider-Specific Taxes permitted by
21Title XIX of the federal Social Security Act and authorized
22under Section 5A-2 of the Illinois Public Aid Code.
23(Source: P.A. 95-859, eff. 8-19-08.)