Public Act 096-1500
 
SB3461 EnrolledLRB096 20419 KTG 36070 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
 
    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
    Sec. 5-45. Emergency rulemaking.
    (a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
    (b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the
persons who may be affected by them.
    (c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24 month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, or (v)
emergency rules adopted pursuant to subsection (o) of this
Section. Two or more emergency rules having substantially the
same purpose and effect shall be deemed to be a single rule for
purposes of this Section.
    (d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
    (e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2000 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (e). The adoption of emergency rules authorized by
this subsection (e) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2001 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (f). The adoption of emergency rules authorized by
this subsection (f) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2002 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (g). The adoption of emergency rules authorized by
this subsection (g) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2003 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (h). The adoption of emergency rules authorized by
this subsection (h) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of this amendatory
Act of the 93rd General Assembly or any other budget initiative
for fiscal year 2004 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (i). The adoption of emergency rules authorized by
this subsection (i) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
    (k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of this
amendatory Act of the 94th General Assembly or any other budget
initiative for fiscal year 2006 may be adopted in accordance
with this Section by the agency charged with administering that
provision or initiative, except that the 24-month limitation on
the adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (k). The Department of Healthcare and Family
Services may also adopt rules under this subsection (k)
necessary to administer the Illinois Public Aid Code, the
Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
    (l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of this
amendatory Act of the 96th General Assembly or any other budget
initiative authorized by the 96th General Assembly for fiscal
year 2010 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative. The adoption of emergency rules authorized by this
subsection (n) shall be deemed to be necessary for the public
interest, safety, and welfare. The rulemaking authority
granted in this subsection (n) shall apply only to rules
promulgated during Fiscal Year 2010.
    (o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of this
amendatory Act of the 96th General Assembly or any other budget
initiative authorized by the 96th General Assembly for fiscal
year 2011 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative. The adoption of emergency rules authorized by this
subsection (o) is deemed to be necessary for the public
interest, safety, and welfare. The rulemaking authority
granted in this subsection (o) applies only to rules
promulgated on or after the effective date of this amendatory
Act of the 96th General Assembly through June 30, 2011 January
9, 2011.
(Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 96-45,
eff. 7-15-09; 96-958, eff. 7-1-10.)
 
    Section 10. The State Finance Act is amended by changing
Section 5h as follows:
 
    (30 ILCS 105/5h)
    Sec. 5h. Cash flow borrowing and general funds liquidity.
    (a) In order to meet cash flow deficits and to maintain
liquidity in the General Revenue Fund and the Common School
Fund, on and after July 1, 2010 and through June 30, 2011
January 9, 2011, the State Treasurer and the State Comptroller
shall make transfers to the General Revenue Fund or the Common
School Fund, as directed by the Governor, out of special funds
of the State, to the extent allowed by federal law. No transfer
may be made from a fund under this Section that would have the
effect of reducing the available balance in the fund to an
amount less than the amount remaining unexpended and unreserved
from the total appropriation from that fund estimated to be
expended for that fiscal year. No such transfer may reduce the
cumulative balance of all of the special funds of the State to
an amount less than the total debt service payable during the
12 months immediately following the date of the transfer on any
bonded indebtedness of the State and any certificates issued
under the Short Term Borrowing Act. Notwithstanding any other
provision of this Section, no such transfer may be made from
any special fund that is exclusively collected by or
appropriated to any other constitutional officer without the
written approval of that constitutional officer.
    (b) If moneys have been transferred to the General Revenue
Fund or the Common School Fund pursuant to subsection (a) of
this Section, this amendatory Act of the 96th General Assembly
shall constitute the irrevocable and continuing authority for
and direction to the State Treasurer and State Comptroller to
reimburse the funds of origin from the General Revenue Fund or
the Common School Fund, as appropriate, by transferring to the
funds of origin, at such times and in such amounts as directed
by the Governor when necessary to support appropriated
expenditures from the funds, an amount equal to that
transferred from them plus any interest that would have accrued
thereon had the transfer not occurred, except that any moneys
transferred pursuant to subsection (a) of this Section shall be
repaid to the fund of origin within 18 months after the date on
which they were borrowed.
    (c) On the first day of each quarterly period in each
fiscal year, the Governor's Office of Management and Budget
shall provide to the President and the Minority Leader of the
Senate, the Speaker and the Minority Leader of the House of
Representatives, and the Commission on Government Forecasting
and Accountability a report on all transfers made pursuant to
this Section in the prior quarterly period. The report must be
provided in both written and electronic format. The report must
include all of the following:
        (1) The date each transfer was made.
        (2) The amount of each transfer.
        (3) In the case of a transfer from the General Revenue
    Fund or the Common School Fund to a fund of origin pursuant
    to subsection (b) of this Section, the amount of interest
    being paid to the fund of origin.
        (4) The end of day balance of both the fund of origin
    and the General Revenue Fund or the Common School Fund,
    whichever the case may be, on the date the transfer was
    made.
(Source: P.A. 96-958, eff. 7-1-10.)
 
    Section 15. The Emergency Budget Act of Fiscal Year 2011 is
amended by changing Sections 1-10, 1-15, and 1-20 as follows:
 
    (30 ILCS 187/1-10)
    (Section scheduled to be repealed on July 1, 2011)
    Sec. 1-10. Designation of contingency reserve. Beginning
on July 1, 2010 and until June 30, 2011 January 9, 2011, the
Governor may designate amounts to be set aside as a contingency
reserve from the amounts appropriated from the General Revenue
Fund, the Common School Fund, the Education Assistance Fund,
and any special fund of the State for State fiscal year 2011
for all boards, commissions, agencies, institutions,
authorities, colleges, universities, and bodies politic and
corporate of the State, but not other constitutional officers,
the legislative or judicial branch, the office of the Executive
Inspector General, or the Executive Ethics Commission. The
total contingency reserve may not exceed one-third of the sum
of (i) the total dollar amount of vouchers that have been
submitted to the State Comptroller for payment but for which
warrants have not been issued by the Comptroller as of July 1,
2010 and (ii) the total dollar amount of any fiscal year 2010
mandated statutory transfers that have not been executed as of
July 1, 2010. The State Comptroller shall certify the total
dollar amount of those outstanding vouchers and transfers to
the Governor on or before July 8, 2010.
(Source: P.A. 96-958, eff. 7-1-10.)
 
    (30 ILCS 187/1-15)
    (Section scheduled to be repealed on July 1, 2011)
    Sec. 1-15. Contingency reserve restrictions. Until June
30, 2011 January 9, 2011, the amounts placed in contingency
reserve shall not be transferred, obligated, encumbered,
expended, or otherwise committed unless the Governor
authorizes the removal of the amounts from the contingency
reserve or the State, by an Act of the 96th General Assembly,
generates incremental revenues sufficient to support such
transfers, obligations, encumbrances, expenditures, or other
commitments.
(Source: P.A. 96-958, eff. 7-1-10.)
 
    (30 ILCS 187/1-20)
    (Section scheduled to be repealed on July 1, 2011)
    Sec. 1-20. All State programs subject to appropriation.
Notwithstanding any other Act to the contrary, during State
fiscal year 2011, any expenditure from State funds authorized
or required by any State law are made subject to appropriation
through June 30, 2011 January 9, 2011 of that fiscal year. No
moneys shall be obligated or expended during that time unless
they are supported by available State fiscal year 2011
appropriations that are not otherwise obligated or reserved
pursuant to Section 1-10 of this Act. The provisions of this
Section do not apply to non-appropriated funds,
non-appropriated accounts, locally held funds, or
appropriations with continuing authority.
(Source: P.A. 96-958, eff. 7-1-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.