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91_SB1158eng
SB1158 Engrossed SRS91S0048JDch
1 AN ACT to amend the Illinois Administrative Procedure
2 Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Administrative Procedure Act is
6 amended by changing Section 5-40 as follows:
7 (5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
8 Sec. 5-40. General rulemaking.
9 (a) In all rulemaking to which Sections 5-45 and 5-50 do
10 not apply, each agency shall comply with this Section.
11 (b) Each agency shall give at least 60 45 days' notice
12 of its intended action to the general public. This first
13 notice period shall commence on the first day the notice
14 appears in the Illinois Register. The first notice shall
15 include all the following:
16 (1) The text of the proposed rule, the old and new
17 materials of a proposed amendment, or the text of the
18 provision to be repealed.
19 (2) The specific statutory citation upon which the
20 proposed rule, the proposed amendment to a rule, or the
21 proposed repeal of a rule is based and by which it is
22 authorized.
23 (3) A complete description of the subjects and
24 issues involved.
25 (4) For all proposed rules and proposed amendments
26 to rules, an initial regulatory flexibility analysis
27 containing a description of the types of small businesses
28 subject to the rule; a brief description of the proposed
29 reporting, bookkeeping, and other procedures required for
30 compliance with the rule; and a description of the types
31 of professional skills necessary for compliance.
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1 (5) The time, place, and manner in which interested
2 persons may present their views and comments concerning
3 the proposed rulemaking.
4 During the first notice period, the agency shall accept
5 from any interested persons data, views, arguments, or
6 comments. These may, in the discretion of the agency, be
7 submitted either orally or in writing or both. The notice
8 published in the Illinois Register shall indicate the manner
9 selected by the agency for the submissions. The agency shall
10 consider all submissions received.
11 The agency shall hold a public hearing on the proposed
12 rulemaking during the first notice period if (i) during the
13 first notice period, the agency finds that a public hearing
14 would facilitate the submission of views and comments that
15 might not otherwise be submitted or (ii) the agency receives
16 a request for a public hearing, within the first 14 days
17 after publication of the notice of proposed rulemaking in the
18 Illinois Register, from 25 interested persons, an association
19 representing at least 100 interested persons, the Governor,
20 the Joint Committee on Administrative Rules, or a unit of
21 local government that may be affected. At the public
22 hearing, the agency shall allow interested persons to present
23 views and comments on the proposed rulemaking. A public
24 hearing in response to a request for a hearing may not be
25 held less than 20 days after the publication of the notice of
26 proposed rulemaking in the Illinois Register unless notice of
27 the public hearing is included in the notice of proposed
28 rulemaking. A public hearing on proposed rulemaking may not
29 be held less than 5 days before submission of the notice
30 required under subsection (c) of this Section to the Joint
31 Committee on Administrative Rules. Each agency may prescribe
32 reasonable rules for the conduct of public hearings on
33 proposed rulemaking to prevent undue repetition at the
34 hearings. The hearings must be open to the public and
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1 recorded by stenographic or mechanical means. At least one
2 agency representative shall be present during the hearing who
3 is qualified to respond to general questions from the public
4 regarding the agency's proposal and the rulemaking process.
5 (c) Each agency shall provide a second additional notice
6 of the proposed rulemaking to the Joint Committee on
7 Administrative Rules and the general public. Based on the
8 submission, the Joint Committee on Administrative Rules shall
9 prepare a second notice text of the rulemaking that includes
10 the text as originally proposed with any modifications made
11 by the agency during the first notice period, and shall
12 submit it, along with a notice page prepared by the agency
13 that indicates the changes made since the beginning of the
14 first notice period, for publication in the Illinois
15 Register. The second notice period shall commence on the
16 first day the second notice appears in the Illinois Register.
17 The period commencing on the day written notice is received
18 by the Joint Committee shall be known as the second notice
19 period and shall expire 60 45 days thereafter unless before
20 that time the agency and the Joint Committee have agreed to
21 extend the second notice period beyond 60 45 days for a
22 period not to exceed an additional 60 45 days or unless the
23 agency has received a statement of objection from the Joint
24 Committee or notification from the Joint Committee that no
25 objection will be issued. Before the expiration of the 60-day
26 extended notice period, the agency and the Joint Committee
27 may agree to subsequent extensions not to exceed an
28 additional 60 days each. The written notice to the Joint
29 Committee shall include (i) the text and location, of any
30 changes made to the proposed rulemaking during the first
31 notice period in a form prescribed by the Joint Committee;
32 (ii) for all proposed rules and proposed amendments to rules,
33 a final regulatory flexibility analysis containing a summary
34 of issues raised by small businesses during the first notice
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1 period and a description of actions taken on any alternatives
2 to the proposed rule suggested by small businesses during the
3 first notice period, including reasons for rejecting any
4 alternatives not utilized; and (iii) if a written request has
5 been made by the Joint Committee within 30 days after initial
6 notice appears in the Illinois Register under subsection (b)
7 of this Section, an analysis of the economic and budgetary
8 effects of the proposed rulemaking. After commencement of the
9 second notice period, no substantive change may be made to a
10 proposed rulemaking unless it is made in response to an
11 objection or suggestion of the Joint Committee. The agency
12 shall also send a copy of the final regulatory flexibility
13 analysis to each small business that has presented views or
14 comments on the proposed rulemaking during the first notice
15 period and to any other interested person who requests a
16 copy. The agency may charge a reasonable fee for providing
17 the copies to cover postage and handling costs.
18 (d) After the expiration of the second notice period,
19 after notification from the Joint Committee that no objection
20 will be issued, or after a response by the agency to a
21 statement of objections issued by the Joint Committee,
22 whichever is applicable, the agency shall file, under Section
23 5-65 and Section 5-70, a certified copy of each rule,
24 modification, or repeal of any rule adopted by it. The copy
25 shall be published in the Illinois Register. Each rule
26 hereafter adopted under this Section is effective upon filing
27 unless a later effective date is required by statute or is
28 specified in the rulemaking.
29 (e) No rule or modification or repeal of any rule may be
30 adopted, or filed with the Secretary of State, more than one
31 year after the date the first notice period for the
32 rulemaking under subsection (b) commenced. Any period during
33 which the rulemaking is prohibited from being filed under
34 Section 5-115 shall not be considered in calculating this
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1 one-year time period.
2 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
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