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Public Act 093-1035
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| SB73 Enrolled |
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AN ACT concerning State Government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Administrative Procedure Act is |
amended by changing Sections 5-115, 5-120, and 5-125 as |
follows:
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(5 ILCS 100/5-115) (from Ch. 127, par. 1005-115)
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Sec. 5-115. Other action by the Joint Committee.
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(a) If the Joint Committee determines that the adoption and |
effectiveness
of a proposed rule, amendment, or repealer or |
portion of a proposed rule,
amendment, or repealer by an agency |
would be objectionable under any of the
standards for the Joint |
Committee's review specified in Section 5-100,
5-105, 5-110, |
5-120, or 5-130 and would constitute a serious threat
to the |
public interest, safety, or welfare, the Joint Committee may
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issue a statement to that effect at any time before the |
proposed rule,
amendment, or repealer takes effect. The |
statement may be issued by the
Joint Committee only upon the |
affirmative vote of three-fifths of the
members appointed to |
the Joint Committee. The Joint Committee, however, may withdraw |
a statement within 180 days after it is issued upon the |
affirmative vote of a majority of the members appointed to the |
Joint Committee. A certified copy of each
the
statement and |
withdrawal shall be transmitted to the proposing agency and to |
the Secretary
of State for publication in the next available |
issue of the Illinois Register.
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(b) The proposed rule, amendment, or repealer or the |
portion of the proposed
rule, amendment, or repealer to which |
the Joint Committee has issued a
statement under subsection (a) |
shall not be accepted for filing by the
Secretary of State nor |
take effect unless the statement is withdrawn or a joint |
resolution is passed as provided in subsection (c)
for at least |
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180 days after receipt of
the statement by the Secretary of |
State. The agency may not enforce or
invoke for any reason a |
proposed rule, amendment, or repealer or any
portion thereof |
that is prohibited from being filed by this subsection
during |
this 180 day period.
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(c) After
The Joint Committee shall, as soon as practicable |
after the issuance
of a statement under subsection (a), any |
member of the General Assembly may introduce in either house of
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the General
Assembly a joint resolution stating that the |
General Assembly desires to discontinue
continue the |
prohibition against the proposed rule, amendment, or repealer
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or the portion thereof to which the statement was issued being |
filed and
taking effect. The joint resolution shall, |
immediately following its first
reading, be placed on the |
calendar for consideration in each house of the
General |
Assembly without reference to a standing committee. If the |
joint
resolution is not passed by both houses of the General |
Assembly within the 180
days after receipt of the statement by |
the Secretary of State or the statement is not withdrawn as |
provided in subsection (a)
day period provided in subsection |
(b), the agency shall be prohibited from
filing the proposed |
rule, amendment, or repealer or the portion thereof and
the |
proposed rule, amendment, or repealer or the portion thereof
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shall not take effect. The Secretary of State shall not accept |
for filing
the proposed rule, amendment, or repealer or the |
portion thereof with respect to which the Joint Committee has |
issued a statement under subsection (a) unless that statement |
is withdrawn or a joint resolution is passed as provided in |
this subsection.
that the
General Assembly has prohibited the |
agency from filing as provided in this
subsection. If the |
180-day
180 day period provided in subsection (b) expires |
before
passage of the joint resolution, the agency may not file |
the proposed rule,
amendment, or repealer or the portion |
thereof as adopted and it shall not
take effect.
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(d) If a statement is issued under this Section, then, in |
response to an objection or suggestion of the Joint Committee, |
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the agency may propose changes to the proposed rule, amendment, |
or repealer or portion of a proposed rule, amendment, or |
repealer. If the agency proposes changes, it must provide |
additional notice to the Joint Committee under the same terms |
and conditions and shall be subject to the same requirements |
and limitations as those set forth for a second notice period |
under subsection (c) of Section 5-40.
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(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
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(5 ILCS 100/5-120) (from Ch. 127, par. 1005-120)
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Sec. 5-120. Responsibilities of the Joint Committee with |
respect to
emergency, peremptory, and other existing rules.
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(a) The Joint Committee may examine any rule to determine |
whether the rule
is within the statutory authority upon which |
it is based and whether the rule
is in proper form.
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(b) If the Joint Committee objects to a rule, it shall, |
within 5 days
of the objection, certify the fact to the |
adopting agency and include within
the certification a |
statement of its specific objections.
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(c) Within 90 days after receiving the certification, the |
agency shall
do one of the following:
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(1) Notify the Joint Committee that it has elected to |
amend the rule to
meet the Joint Committee's objection.
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(2) Notify the Joint Committee that it has elected to |
repeal the rule.
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(3) Notify the Joint Committee that it refuses to amend |
or repeal
the rule.
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(d) If the agency elects to amend a rule to meet the Joint |
Committee's
objections, it shall notify the Joint Committee in |
writing and shall initiate
rulemaking procedures for that |
purpose by giving notice as required by
Section 5-35. The Joint |
Committee shall give priority to rules
so amended when setting |
its agenda.
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(e) If the agency elects to repeal a rule as a result of |
the Joint
Committee's objections, it shall notify the Joint |
Committee in writing of
its election and shall initiate |
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rulemaking procedures for that purpose by
giving notice as |
required by Section 5-35.
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(f) If the agency elects to amend or repeal a rule as a |
result of the
Joint Committee's objections, it shall complete |
the process within 180 days
after giving notice in the Illinois |
Register.
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(g) Failure of the agency to respond to the Joint |
Committee's objections
to a rule within the time prescribed in |
subsection (c) shall constitute
a refusal to amend or repeal |
the rule.
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(h) If an agency refuses to amend or repeal a rule to |
remedy an
objection stated by the Joint Committee, it shall |
notify the Joint Committee
in writing of its refusal and shall |
submit a notice of refusal to the Secretary
of State. The |
notice shall be published in the next available issue of the
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Illinois Register. If the Joint Committee, in response to an |
agency
refusal, decides to suspend the rule, then it may do so |
pursuant to Section 5-125.
recommend legislative action, then |
the Joint Committee
shall have drafted and introduced into |
either house of the General Assembly
appropriate legislation to |
implement the recommendations of the Joint
Committee.
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(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
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(5 ILCS 100/5-125) (from Ch. 127, par. 1005-125)
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Sec. 5-125. Other Joint Committee action with respect to |
emergency or
peremptory rulemaking.
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(a) If the Joint Committee determines that a rule or |
portion of a rule
adopted under Section 5-45 or 5-50 is |
objectionable under any of the standards
for the Joint |
Committee's review specified in Section 5-100, 5-105, 5-110,
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5-120, or 5-130 and constitutes a serious threat to the public |
interest,
safety, or welfare, the Joint Committee may issue a |
statement to that effect.
The statement may be issued by the |
Joint Committee only upon the affirmative
vote of three-fifths |
of the members appointed to the Joint Committee. The Joint |
Committee, however, may withdraw a statement within 180 days |
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after it is issued upon the affirmative vote of a majority of |
the members appointed to the Joint Committee. A
certified copy |
of each
the statement and withdrawal shall be transmitted to |
the affected agency and
to the Secretary of State for |
publication in the next available issue of the
Illinois |
Register. Within 30 days of transmittal of the statement to the
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agency, the agency shall notify the Joint Committee in writing |
whether it has
elected to repeal or amend the rule. Failure of |
the agency to notify the Joint
Committee and Secretary of State |
within 30 days constitutes a decision by the
agency to not |
repeal the rule.
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(b) The effectiveness of the rule or the portion of a rule |
shall be
suspended immediately for at least 180 days upon |
receipt of the certified
statement by the Secretary of State. |
The Secretary of State shall indicate
the suspension |
prominently and clearly on the face of the affected rule or
the |
portion of a rule filed in the Office of the Secretary of |
State. Rules
or portions of rules suspended under this |
subsection shall not become effective
again unless the |
statement is withdrawn as provided in subsection (a) or unless |
within
upon the expiration of 180 days from receipt of the |
statement by the
Secretary of State,
if the General Assembly |
discontinues
does not
continue the suspension
by joint |
resolution under subsection (c). The agency may not enforce, or |
invoke for any
reason, a rule or portion of a rule that has |
been suspended under this
subsection.
During the 180-day
180 |
day period, the agency may not file, nor may
the Secretary of |
State accept for filing, any rule that (i) has
having |
substantially the
same purpose and effect as rules or portions |
of rules suspended under this
subsection or (ii) does not |
substantially address the statement issued under subsection |
(a), except as otherwise provided in this Section.
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(c) After
The Joint Committee shall, as soon as practicable |
after the issuance of
a statement under subsection (a), any |
member of the General Assembly may introduce in
cause to be |
introduced in either house
of the General Assembly a joint |
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resolution stating that the General Assembly
desires to |
discontinue
continue the suspension of effectiveness of a rule |
or the portion
of the rule to which the statement was issued. |
The joint resolution shall
immediately following its first |
reading be placed on the calendar for
consideration in each |
house of the General Assembly without reference to a
standing |
committee. If the joint resolution is not passed by both houses |
of the
General Assembly within the 180-day
180 day period |
provided in subsection (b) or the statement is not withdrawn, |
the
rule or the portion of the rule shall be considered |
repealed and the
Secretary of State shall immediately remove |
the rule or portion of a rule
from the collection of effective |
rules.
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(d) If a statement is issued under this Section, then, in |
response to an objection or suggestion of the Joint Committee, |
the agency may propose changes to the rule, amendment, or |
repealer or portion of a rule, amendment, or repealer. If the |
agency proposes changes, it must provide additional notice to |
the Joint Committee under the same terms and conditions and |
shall be subject to the same requirements and limitations as |
those set forth for a second notice period under subsection (c) |
of Section 5-40.
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(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
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Section 10. The Illinois Procurement Code is amended by |
changing Section 30-30 as follows:
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(30 ILCS 500/30-30)
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Sec. 30-30. Contracts in excess of $250,000. For
building |
construction contracts in excess of
$250,000, separate |
specifications shall be prepared for all
equipment, labor, and |
materials in
connection with the following 5 subdivisions of |
the work to be
performed:
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(1) plumbing;
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(2) heating, piping, refrigeration, and automatic
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temperature control systems,
including the testing and |
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balancing of those systems;
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(3) ventilating and distribution systems for
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conditioned air, including the testing
and balancing of |
those systems;
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(4) electric wiring; and
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(5) general contract work.
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The specifications must be so drawn as to permit separate |
and
independent bidding upon
each of the 5 subdivisions of |
work. All contracts awarded
for any part thereof shall
award |
the 5 subdivisions of work separately to responsible and
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reliable persons, firms, or
corporations engaged in these |
classes of work. The contracts, at
the discretion of the
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construction agency, may be assigned to the successful bidder |
on
the general contract work or
to the successful bidder on the |
subdivision of work designated by
the construction agency |
before
the bidding as the prime subdivision of work, provided |
that all
payments will be made directly
to the contractors for |
the 5 subdivisions of work upon compliance
with the conditions |
of the
contract. A contract may be let for one or more |
buildings in any
project to the same contractor.
The |
specifications shall require, however, that unless the
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buildings are identical, a separate price
shall be submitted |
for each building. The contract may be awarded
to the lowest |
responsible
bidder for each or all of the buildings included in |
the
specifications.
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Until a date 2 years after the effective date of this |
amendatory Act of the 93rd General Assembly, the requirements |
of this Section do not apply to the construction of an |
Emergency Operations Center for the Illinois Emergency |
Management Agency if (i) the majority of the funding for the |
project is from federal funds, (ii) the bid of the successful |
bidder identifies the name of the subcontractor, if any, and |
the bid proposal costs for each of the 5 subdivisions of work |
set forth in this Section, and (iii) the contract entered into |
with the successful bidder provides that no identified |
subcontractor may be terminated without the written consent of |