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1 | AN ACT concerning government.
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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:
| |||||||||||||||||||
4 | Section 5. The Illinois Administrative Procedure Act is | |||||||||||||||||||
5 | amended by changing Sections 5-30, 5-40, 5-45, 5-100, and 5-115 | |||||||||||||||||||
6 | as follows:
| |||||||||||||||||||
7 | (5 ILCS 100/5-30) (from Ch. 127, par. 1005-30)
| |||||||||||||||||||
8 | Sec. 5-30. Regulatory flexibility. When an agency proposes | |||||||||||||||||||
9 | a new rule or
an amendment to an existing rule that may have an | |||||||||||||||||||
10 | impact on small businesses,
not for profit corporations, or | |||||||||||||||||||
11 | small municipalities, the agency shall do each
of the | |||||||||||||||||||
12 | following:
| |||||||||||||||||||
13 | (a) The agency shall consider each of the following | |||||||||||||||||||
14 | methods for reducing
the impact of the rulemaking on small | |||||||||||||||||||
15 | businesses, not for profit corporations,
or small | |||||||||||||||||||
16 | municipalities. The agency shall reduce the impact by | |||||||||||||||||||
17 | utilizing one or
more of the following methods if it finds | |||||||||||||||||||
18 | that the methods are legal and
feasible in meeting the | |||||||||||||||||||
19 | statutory objectives that are the basis of the proposed
| |||||||||||||||||||
20 | rulemaking.
| |||||||||||||||||||
21 | (1) Establish less stringent compliance or | |||||||||||||||||||
22 | reporting requirements in
the rule for small | |||||||||||||||||||
23 | businesses, not for profit corporations, or small
|
| |||||||
| |||||||
1 | municipalities.
| ||||||
2 | (2) Establish less stringent schedules or | ||||||
3 | deadlines in the rule
for compliance or reporting | ||||||
4 | requirements for small businesses, not for
profit | ||||||
5 | corporations, or small municipalities.
| ||||||
6 | (3) Consolidate or simplify the rule's compliance | ||||||
7 | or reporting
requirements for small businesses, not | ||||||
8 | for profit corporations, or small
municipalities.
| ||||||
9 | (4) Establish performance standards to replace | ||||||
10 | design or operational
standards in the rule for small | ||||||
11 | businesses, not for profit corporations, or
small | ||||||
12 | municipalities.
| ||||||
13 | (5) Exempt small businesses, not for profit | ||||||
14 | corporations, or small
municipalities from any or all | ||||||
15 | requirements of the rule.
| ||||||
16 | (b) Before or during the notice period required under | ||||||
17 | subsection (b)
of Section 5-40, the agency shall provide an | ||||||
18 | opportunity for small
businesses, not for profit | ||||||
19 | corporations, or small municipalities to
participate in | ||||||
20 | the rulemaking process. The agency shall utilize one or
| ||||||
21 | more of the following techniques. These techniques are in | ||||||
22 | addition to
other rulemaking requirements imposed by this | ||||||
23 | Act or by any other Act.
| ||||||
24 | (1) The inclusion in any advance notice of possible | ||||||
25 | rulemaking
of a statement that the rule may have an | ||||||
26 | impact on small businesses, not
for profit |
| |||||||
| |||||||
1 | corporations, or small municipalities.
| ||||||
2 | (2) The publication of a notice of rulemaking in | ||||||
3 | publications likely to
be obtained by small | ||||||
4 | businesses, not for profit corporations, or small
| ||||||
5 | municipalities.
| ||||||
6 | (3) The direct notification of interested small | ||||||
7 | businesses, not for
profit corporations, or small | ||||||
8 | municipalities.
| ||||||
9 | (4) The conduct of public hearings concerning the | ||||||
10 | impact of the rule on
small businesses, not for profit | ||||||
11 | corporations, or small municipalities.
| ||||||
12 | (5) The use of special hearing or comment | ||||||
13 | procedures to reduce the cost
or complexity of | ||||||
14 | participation in the rulemaking by small businesses, | ||||||
15 | not
for profit corporations, or small municipalities.
| ||||||
16 | (b-5) In addition to the requirements of subsection | ||||||
17 | (b), before or during the first notice period required | ||||||
18 | under subsection (b) of Section 5-40, the agency shall also | ||||||
19 | provide an opportunity for private sector entities other | ||||||
20 | than small businesses to participate in the rulemaking | ||||||
21 | process by utilizing the techniques provided under | ||||||
22 | subsection (b) of this Section, as well as providing those | ||||||
23 | private sector entities with the opportunity to submit | ||||||
24 | their own estimates on the cost of compliance with the | ||||||
25 | proposed rule or amendment to a rule. The agency shall | ||||||
26 | include those estimates in both a final regulatory |
| |||||||
| |||||||
1 | flexibility analysis and an analysis of the economic and | ||||||
2 | budgetary effects of the proposed rulemaking as required | ||||||
3 | under subsection (c) of Section 5-40. | ||||||
4 | (c) Prior to the filing for publication in the Illinois | ||||||
5 | Register of any proposed rule or amendment that may have an | ||||||
6 | adverse impact on small businesses,
each agency must | ||||||
7 | prepare an economic impact analysis which shall be filed | ||||||
8 | with the proposed rule and publicized in the Illinois | ||||||
9 | Register together with the proposed rule. The economic | ||||||
10 | impact analysis shall include
the following: | ||||||
11 | (1) An identification of the types and estimate of | ||||||
12 | the number of the small businesses subject to the | ||||||
13 | proposed rule or amendment. The agency shall identify | ||||||
14 | the types of businesses subject to the proposed rule | ||||||
15 | using the following 2-digit codes from the North | ||||||
16 | American Industry Classification System (NAICS): | ||||||
17 | 11 Agriculture, Forestry, Fishing and Hunting. | ||||||
18 | 21 Mining. | ||||||
19 | 22 Utilities. | ||||||
20 | 23 Construction. | ||||||
21 | 31-33 Manufacturing. | ||||||
22 | 42 Wholesale Trade. | ||||||
23 | 44-45 Retail Trade. | ||||||
24 | 48-49 Transportation and Warehousing. | ||||||
25 | 51 Information. | ||||||
26 | 52 Finance and Insurance. |
| |||||||
| |||||||
1 | 53 Real Estate Rental and Leasing. | ||||||
2 | 54 Professional, Scientific, and Technical | ||||||
3 | Services. | ||||||
4 | 55 Management of Companies and Enterprises. | ||||||
5 | 56 Administrative and Support and Waste | ||||||
6 | Management and Remediation Services. | ||||||
7 | 61 Educational Services. | ||||||
8 | 62 Health Care and Social Assistance. | ||||||
9 | 71 Arts, Entertainment, and Recreation. | ||||||
10 | 72 Accommodation and Food Services. | ||||||
11 | 81 Other Services (except Public | ||||||
12 | Administration). | ||||||
13 | 92 Public Administration. | ||||||
14 | The agency shall also identify the impact of the | ||||||
15 | proposed rule by identifying as many of the following | ||||||
16 | categories that the agency reasonably believes the | ||||||
17 | proposed rule will impact: | ||||||
18 | A. Hiring and additional staffing. | ||||||
19 | B. Regulatory requirements. | ||||||
20 | C. Purchasing. | ||||||
21 | D. Insurance changes. | ||||||
22 | E. Licensing fees. | ||||||
23 | F. Equipment and material needs. | ||||||
24 | G. Training requirements. | ||||||
25 | H. Recordkeeping Record keeping . | ||||||
26 | I. Compensation and benefits. |
| |||||||
| |||||||
1 | J. Other potential impacted categories. | ||||||
2 | (2) The projected reporting, recordkeeping, and | ||||||
3 | other administrative costs required for compliance
| ||||||
4 | with the proposed rule or amendment, including the type | ||||||
5 | of professional skills necessary for preparation of | ||||||
6 | the
report or record. | ||||||
7 | (3) A statement of the probable positive or | ||||||
8 | negative economic effect on impacted small businesses. | ||||||
9 | (4) A description of any less intrusive or less | ||||||
10 | costly alternative methods of achieving the purpose of
| ||||||
11 | the proposed rule or amendment. The alternatives must | ||||||
12 | be consistent with the stated objectives of the | ||||||
13 | applicable statutes and the proposed rulemaking. | ||||||
14 | The Department of Commerce and Economic Opportunity | ||||||
15 | shall place notification of all proposed rules affecting | ||||||
16 | small business on its website. The notification shall | ||||||
17 | include the information provided by the agency under this | ||||||
18 | subsection (c) together with the summary of the proposed | ||||||
19 | rule published by the Joint Committee on Administrative | ||||||
20 | Rules in the Flinn Report. | ||||||
21 | The Business
Assistance Office shall prepare an impact | ||||||
22 | analysis of the rule or amendment describing
its effect on | ||||||
23 | small businesses whenever the Office believes, in its
| ||||||
24 | discretion, that an analysis is warranted or whenever | ||||||
25 | requested to do so by
25 interested persons, an association | ||||||
26 | representing at least 100 interested
persons, the |
| |||||||
| |||||||
1 | Governor, a unit of local government, or the Joint | ||||||
2 | Committee
on Administrative Rules. The impact analysis | ||||||
3 | shall be completed before or within the
notice period as | ||||||
4 | described in subsection (b) of Section 5-40. Upon
| ||||||
5 | completion of any analysis in accordance with this | ||||||
6 | subsection (c), the preparing agency or the Business | ||||||
7 | Assistance Office shall submit the
analysis to the Joint | ||||||
8 | Committee on Administrative Rules, to any interested
| ||||||
9 | person who requested the analysis, and, if the agency | ||||||
10 | prepared the analysis, to the Business Assistance Office.
| ||||||
11 | For purposes of this subsection (c), "small business" | ||||||
12 | means a business with fewer than 50 full-time employees or | ||||||
13 | less than $4,000,000 in gross annual sales. | ||||||
14 | This subsection does not apply to rules and standards | ||||||
15 | described in paragraphs (1) through (5) of subsection (c) | ||||||
16 | of Section 1-5.
| ||||||
17 | (d) Prior to the filing for publication in the Illinois | ||||||
18 | Register of any proposed rule or amendment, each agency | ||||||
19 | shall estimate the compliance and implementation costs for | ||||||
20 | private parties for that proposed rule or amendment. If the | ||||||
21 | agency determines that proposed rule or amendment will | ||||||
22 | generate compliance and implementation costs for private | ||||||
23 | parties of $10,000,000 or more over a 2-year period, the | ||||||
24 | agency shall include this information with the filing for | ||||||
25 | publication in the Illinois Register of the proposed rule | ||||||
26 | or amendment, and shall provide notice of this |
| |||||||
| |||||||
1 | determination to the Joint Committee on Administrative | ||||||
2 | Rules. | ||||||
3 | (Source: P.A. 100-688, eff. 1-1-19; revised 10-10-18.)
| ||||||
4 | (5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
| ||||||
5 | Sec. 5-40. General rulemaking.
| ||||||
6 | (a) In all rulemaking to which Sections 5-45 and 5-50 do | ||||||
7 | not apply, each
agency shall comply with this Section.
| ||||||
8 | (b) Each agency shall give at least 45 days' notice of its | ||||||
9 | intended action
to the general public. This first notice period | ||||||
10 | shall commence on
the first day the notice appears in the | ||||||
11 | Illinois Register. The first
notice shall include all the | ||||||
12 | following:
| ||||||
13 | (1) The text of the proposed rule, the old and new | ||||||
14 | materials of a
proposed amendment, or the text of the | ||||||
15 | provision to be repealed.
| ||||||
16 | (2) The specific statutory citation upon which the | ||||||
17 | proposed rule, the
proposed amendment to a rule, or the | ||||||
18 | proposed repeal of a rule is based and
by which it is | ||||||
19 | authorized.
| ||||||
20 | (3) A complete description of the subjects and issues | ||||||
21 | involved.
| ||||||
22 | (3.5) A descriptive title or other description of any | ||||||
23 | published study or
research
report used in developing the | ||||||
24 | rule, the identity of the person who performed
such study, | ||||||
25 | and a description of where the public may obtain a copy of |
| |||||||
| |||||||
1 | any such
study or research report. If the study was | ||||||
2 | performed by an agency or by a
person or entity that | ||||||
3 | contracted with the agency for the performance of the
| ||||||
4 | study, the agency shall also make copies of the underlying | ||||||
5 | data available to
members of the public upon request if the | ||||||
6 | data are not protected from
disclosure under
the Freedom of | ||||||
7 | Information Act.
| ||||||
8 | (4) For all proposed rules and proposed amendments to | ||||||
9 | rules, an initial
regulatory flexibility analysis | ||||||
10 | containing a description of the types of
small businesses | ||||||
11 | subject to the rule; a brief description of the proposed
| ||||||
12 | reporting, bookkeeping, and other procedures required for | ||||||
13 | compliance with
the rule; and a description of the types of | ||||||
14 | professional skills necessary
for compliance.
| ||||||
15 | (5) The time, place, and manner in which interested | ||||||
16 | persons
may present their views and comments concerning the | ||||||
17 | proposed rulemaking.
| ||||||
18 | During the first notice period, the agency shall accept | ||||||
19 | from any interested
persons data, views, arguments, or | ||||||
20 | comments , including submission of estimates on the cost of | ||||||
21 | compliance with the proposed rule or amendment to a rule for | ||||||
22 | private sector entities . These may, in the discretion of
the | ||||||
23 | agency, be submitted either orally or in writing or both. The | ||||||
24 | notice
published in the Illinois Register shall indicate the | ||||||
25 | manner selected by the
agency for the submissions. The agency | ||||||
26 | shall consider all submissions
received.
|
| |||||||
| |||||||
1 | The agency shall hold a public hearing on the proposed | ||||||
2 | rulemaking during
the first notice period if (i) during the | ||||||
3 | first notice period, the
agency finds that a public hearing
| ||||||
4 | would facilitate the submission of views and comments that | ||||||
5 | might not
otherwise be submitted or (ii) the agency receives a | ||||||
6 | request for a public
hearing, within the first 14 days after | ||||||
7 | publication of the notice of
proposed rulemaking in the | ||||||
8 | Illinois Register, from 25 interested persons,
an association | ||||||
9 | representing at least 100 interested persons, the Governor,
the | ||||||
10 | Joint Committee on Administrative Rules, or a unit of local | ||||||
11 | government
that may be affected. At the public hearing, the | ||||||
12 | agency shall allow
interested persons to present views and | ||||||
13 | comments on the proposed
rulemaking. A public hearing in | ||||||
14 | response to a request for a hearing may
not be held less than | ||||||
15 | 20 days after the publication of the notice of
proposed | ||||||
16 | rulemaking in the Illinois Register unless notice of the public
| ||||||
17 | hearing is included in the notice of proposed rulemaking. A | ||||||
18 | public hearing
on proposed rulemaking may not be held less than | ||||||
19 | 5 days before submission
of the notice required under | ||||||
20 | subsection (c) of this Section to the Joint
Committee on | ||||||
21 | Administrative Rules. Each agency may prescribe reasonable
| ||||||
22 | rules for the conduct of public hearings on proposed rulemaking | ||||||
23 | to prevent
undue repetition at the hearings. The hearings must | ||||||
24 | be open to the public
and recorded by stenographic or | ||||||
25 | mechanical means.
At least one agency representative shall be | ||||||
26 | present during the hearing who
is qualified to respond to |
| |||||||
| |||||||
1 | general questions from the public regarding the
agency's | ||||||
2 | proposal and the rulemaking process.
| ||||||
3 | (c) Each agency shall provide additional notice of the | ||||||
4 | proposed rulemaking
to the Joint Committee on Administrative | ||||||
5 | Rules. The period commencing on
the day written notice is | ||||||
6 | received by the Joint Committee shall be known as
the second | ||||||
7 | notice period and shall expire 45 days thereafter unless before
| ||||||
8 | that time the agency and the Joint Committee have agreed to | ||||||
9 | extend the
second notice period beyond 45 days for a period not | ||||||
10 | to exceed an
additional 90 45 days or unless the agency has | ||||||
11 | received a statement of
objection from the Joint Committee or | ||||||
12 | notification from the Joint Committee
that no objection will be | ||||||
13 | issued. The written notice to the Joint
Committee shall include | ||||||
14 | (i) the text and location of any changes made to
the proposed | ||||||
15 | rulemaking during the first notice period in a form prescribed
| ||||||
16 | by the Joint Committee; (ii) for all
proposed rules and | ||||||
17 | proposed amendments to rules, a final regulatory
flexibility | ||||||
18 | analysis containing a summary of issues raised by small
| ||||||
19 | businesses and other private sector entities during the first | ||||||
20 | notice period and a description of actions
taken on any | ||||||
21 | alternatives to the proposed rule suggested by small
businesses | ||||||
22 | and other private sector entities during the first notice | ||||||
23 | period, including reasons for rejecting
any alternatives not | ||||||
24 | utilized; and (iii) if a written request has been made
by the | ||||||
25 | Joint Committee within 30 days after initial notice appears in | ||||||
26 | the
Illinois Register under subsection (b) of this Section, an |
| |||||||
| |||||||
1 | analysis of the
economic and budgetary effects of the proposed | ||||||
2 | rulemaking , including estimates submitted during the first | ||||||
3 | notice period concerning the cost of compliance for private | ||||||
4 | sector entities . After
commencement of the second notice | ||||||
5 | period, no substantive change may be made
to a proposed | ||||||
6 | rulemaking unless it is made in response to an objection or
| ||||||
7 | suggestion of the Joint Committee. The agency shall also send a | ||||||
8 | copy of
the final regulatory flexibility analysis to each small | ||||||
9 | business and other private sector entities that has
presented | ||||||
10 | views or comments on the proposed rulemaking during the first
| ||||||
11 | notice period and to any other interested person who requests a | ||||||
12 | copy. The
agency may charge a reasonable fee for providing the | ||||||
13 | copies to cover postage
and handling costs.
| ||||||
14 | (c-5) Any proposed rule or amendment to a rule estimated | ||||||
15 | either by the agency or during the second notice period to | ||||||
16 | generate compliance and implementation costs of $10,000,000 or | ||||||
17 | more over a 2-year period shall be deemed objectionable and | ||||||
18 | automatically prohibited, and the Joint Committee shall issue a | ||||||
19 | statement in accordance with Section 5-115. The proposed rule | ||||||
20 | or amendment shall remain prohibited until otherwise | ||||||
21 | authorized by legislation passed by both houses of the General | ||||||
22 | Assembly and signed by the Governor. The $10,000,000 threshold | ||||||
23 | established under this subsection (c-5) may be adjusted by rule | ||||||
24 | over time based upon information provided by the Commission on | ||||||
25 | Government Forecasting and Accountability, which shall be | ||||||
26 | required to publish an annual inflation index to measure the |
| |||||||
| |||||||
1 | rise in costs stemming from the implementation of rules and | ||||||
2 | amendments to rules. | ||||||
3 | (d) After the expiration of the second notice period, after | ||||||
4 | notification
from the Joint Committee that no objection will be | ||||||
5 | issued, or after a
response by the agency to a statement of | ||||||
6 | objections issued by the Joint
Committee, whichever is | ||||||
7 | applicable, the agency shall file, under Section
5-65, a | ||||||
8 | certified copy of each rule, modification, or repeal of any | ||||||
9 | rule
adopted by it. The copy shall be published in the Illinois | ||||||
10 | Register. Each
rule hereafter adopted under this Section is | ||||||
11 | effective upon filing unless a
later effective date is required | ||||||
12 | by statute or is specified in the
rulemaking.
| ||||||
13 | (e) No rule or modification or repeal of any rule may be | ||||||
14 | adopted, or filed
with the Secretary of State, more than one | ||||||
15 | year after the date the first
notice period for the rulemaking | ||||||
16 | under subsection (b) commenced. Any
period during which the | ||||||
17 | rulemaking is prohibited from being filed under
Section 5-115 | ||||||
18 | shall not be considered in calculating this one-year time | ||||||
19 | period.
| ||||||
20 | (Source: P.A. 92-330, eff. 1-1-02 .)
| ||||||
21 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
22 | Sec. 5-45. Emergency rulemaking. | ||||||
23 | (a) "Emergency" means the existence of any situation that | ||||||
24 | any agency
finds reasonably constitutes a threat to the public | ||||||
25 | interest, safety, or
welfare. |
| |||||||
| |||||||
1 | (b) If any agency finds that an
emergency exists that | ||||||
2 | requires adoption of a rule upon fewer days than
is required by | ||||||
3 | Section 5-40 and states in writing its reasons for that
| ||||||
4 | finding, the agency may adopt an emergency rule without prior | ||||||
5 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
6 | with the Secretary of
State under Section 5-70. The notice | ||||||
7 | shall include the text of the
emergency rule , an economic | ||||||
8 | impact estimate for the emergency rule, and shall be published | ||||||
9 | in the Illinois Register. Consent
orders or other court orders | ||||||
10 | adopting settlements negotiated by an agency
may be adopted | ||||||
11 | under this Section. Subject to applicable constitutional or
| ||||||
12 | statutory provisions, an emergency rule becomes effective | ||||||
13 | immediately upon
filing under Section 5-65 or at a stated date | ||||||
14 | less than 10 days
thereafter. The agency's finding and a | ||||||
15 | statement of the specific reasons
for the finding shall be | ||||||
16 | filed with the rule. The agency shall take
reasonable and | ||||||
17 | appropriate measures to make emergency rules known to the
| ||||||
18 | persons who may be affected by them. | ||||||
19 | (c) An emergency rule may be effective for a period of not | ||||||
20 | longer than
150 days, but the agency's authority to adopt an | ||||||
21 | identical rule under Section
5-40 is not precluded. No | ||||||
22 | emergency rule may be adopted more
than once in any 24-month | ||||||
23 | period, except that this limitation on the number
of emergency | ||||||
24 | rules that may be adopted in a 24-month period does not apply
| ||||||
25 | to (i) emergency rules that make additions to and deletions | ||||||
26 | from the Drug
Manual under Section 5-5.16 of the Illinois |
| |||||||
| |||||||
1 | Public Aid Code or the
generic drug formulary under Section | ||||||
2 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
3 | emergency rules adopted by the Pollution Control
Board before | ||||||
4 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
5 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
6 | Department of Public Health under subsections (a) through (i) | ||||||
7 | of Section 2 of the Department of Public Health Act when | ||||||
8 | necessary to protect the public's health, (iv) emergency rules | ||||||
9 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
10 | emergency rules adopted pursuant to subsection (o) of this | ||||||
11 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
12 | (c-5) of this Section. Two or more emergency rules having | ||||||
13 | substantially the same
purpose and effect shall be deemed to be | ||||||
14 | a single rule for purposes of this
Section. | ||||||
15 | (c-3) Notwithstanding any provision to the contrary, any | ||||||
16 | emergency rule adopted under this Section estimated as provided | ||||||
17 | under subsection (g) of Section 5-100 to generate compliance | ||||||
18 | and implementation costs of $10,000,000 or more over the term | ||||||
19 | of the emergency rule shall be automatically suspended until | ||||||
20 | otherwise authorized by legislation passed by both houses of | ||||||
21 | the General Assembly and signed by the Governor. Upon the | ||||||
22 | signing of authorizing legislation under this subsection | ||||||
23 | (c-3), the Governor shall provide the Secretary of State Index | ||||||
24 | Department with a copy of the legislation, and the suspension | ||||||
25 | of the emergency rule shall be rescinded. | ||||||
26 | (c-5) To facilitate the maintenance of the program of group |
| |||||||
| |||||||
1 | health benefits provided to annuitants, survivors, and retired | ||||||
2 | employees under the State Employees Group Insurance Act of | ||||||
3 | 1971, rules to alter the contributions to be paid by the State, | ||||||
4 | annuitants, survivors, retired employees, or any combination | ||||||
5 | of those entities, for that program of group health benefits, | ||||||
6 | shall be adopted as emergency rules. The adoption of those | ||||||
7 | rules shall be considered an emergency and necessary for the | ||||||
8 | public interest, safety, and welfare. | ||||||
9 | (d) In order to provide for the expeditious and timely | ||||||
10 | implementation
of the State's fiscal year 1999 budget, | ||||||
11 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
12 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
13 | may be adopted in
accordance with this Section by the agency | ||||||
14 | charged with administering that
provision or initiative, | ||||||
15 | except that the 24-month limitation on the adoption
of | ||||||
16 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
17 | do not apply
to rules adopted under this subsection (d). The | ||||||
18 | adoption of emergency rules
authorized by this subsection (d) | ||||||
19 | shall be deemed to be necessary for the
public interest, | ||||||
20 | safety, and welfare. | ||||||
21 | (e) In order to provide for the expeditious and timely | ||||||
22 | implementation
of the State's fiscal year 2000 budget, | ||||||
23 | emergency rules to implement any
provision of Public Act 91-24
| ||||||
24 | or any other budget initiative for fiscal year 2000 may be | ||||||
25 | adopted in
accordance with this Section by the agency charged | ||||||
26 | with administering that
provision or initiative, except that |
| |||||||
| |||||||
1 | the 24-month limitation on the adoption
of emergency rules and | ||||||
2 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
3 | rules adopted under this subsection (e). The adoption of | ||||||
4 | emergency rules
authorized by this subsection (e) shall be | ||||||
5 | deemed to be necessary for the
public interest, safety, and | ||||||
6 | welfare. | ||||||
7 | (f) In order to provide for the expeditious and timely | ||||||
8 | implementation
of the State's fiscal year 2001 budget, | ||||||
9 | emergency rules to implement any
provision of Public Act 91-712
| ||||||
10 | or any other budget initiative for fiscal year 2001 may be | ||||||
11 | adopted in
accordance with this Section by the agency charged | ||||||
12 | with administering that
provision or initiative, except that | ||||||
13 | the 24-month limitation on the adoption
of emergency rules and | ||||||
14 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
15 | rules adopted under this subsection (f). The adoption of | ||||||
16 | emergency rules
authorized by this subsection (f) shall be | ||||||
17 | deemed to be necessary for the
public interest, safety, and | ||||||
18 | welfare. | ||||||
19 | (g) In order to provide for the expeditious and timely | ||||||
20 | implementation
of the State's fiscal year 2002 budget, | ||||||
21 | emergency rules to implement any
provision of Public Act 92-10
| ||||||
22 | or any other budget initiative for fiscal year 2002 may be | ||||||
23 | adopted in
accordance with this Section by the agency charged | ||||||
24 | with administering that
provision or initiative, except that | ||||||
25 | the 24-month limitation on the adoption
of emergency rules and | ||||||
26 | the provisions of Sections 5-115 and 5-125 do not apply
to |
| |||||||
| |||||||
1 | rules adopted under this subsection (g). The adoption of | ||||||
2 | emergency rules
authorized by this subsection (g) shall be | ||||||
3 | deemed to be necessary for the
public interest, safety, and | ||||||
4 | welfare. | ||||||
5 | (h) In order to provide for the expeditious and timely | ||||||
6 | implementation
of the State's fiscal year 2003 budget, | ||||||
7 | emergency rules to implement any
provision of Public Act 92-597
| ||||||
8 | or any other budget initiative for fiscal year 2003 may be | ||||||
9 | adopted in
accordance with this Section by the agency charged | ||||||
10 | with administering that
provision or initiative, except that | ||||||
11 | the 24-month limitation on the adoption
of emergency rules and | ||||||
12 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
13 | rules adopted under this subsection (h). The adoption of | ||||||
14 | emergency rules
authorized by this subsection (h) shall be | ||||||
15 | deemed to be necessary for the
public interest, safety, and | ||||||
16 | welfare. | ||||||
17 | (i) In order to provide for the expeditious and timely | ||||||
18 | implementation
of the State's fiscal year 2004 budget, | ||||||
19 | emergency rules to implement any
provision of Public Act 93-20
| ||||||
20 | or any other budget initiative for fiscal year 2004 may be | ||||||
21 | adopted in
accordance with this Section by the agency charged | ||||||
22 | with administering that
provision or initiative, except that | ||||||
23 | the 24-month limitation on the adoption
of emergency rules and | ||||||
24 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
25 | rules adopted under this subsection (i). The adoption of | ||||||
26 | emergency rules
authorized by this subsection (i) shall be |
| |||||||
| |||||||
1 | deemed to be necessary for the
public interest, safety, and | ||||||
2 | welfare. | ||||||
3 | (j) In order to provide for the expeditious and timely | ||||||
4 | implementation of the provisions of the State's fiscal year | ||||||
5 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
6 | Implementation (Human Services) Act, emergency rules to | ||||||
7 | implement any provision of the Fiscal Year 2005 Budget | ||||||
8 | Implementation (Human Services) Act may be adopted in | ||||||
9 | accordance with this Section by the agency charged with | ||||||
10 | administering that provision, except that the 24-month | ||||||
11 | limitation on the adoption of emergency rules and the | ||||||
12 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
13 | adopted under this subsection (j). The Department of Public Aid | ||||||
14 | may also adopt rules under this subsection (j) necessary to | ||||||
15 | administer the Illinois Public Aid Code and the Children's | ||||||
16 | Health Insurance Program Act. The adoption of emergency rules | ||||||
17 | authorized by this subsection (j) shall be deemed to be | ||||||
18 | necessary for the public interest, safety, and welfare.
| ||||||
19 | (k) In order to provide for the expeditious and timely | ||||||
20 | implementation of the provisions of the State's fiscal year | ||||||
21 | 2006 budget, emergency rules to implement any provision of | ||||||
22 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
23 | 2006 may be adopted in accordance with this Section by the | ||||||
24 | agency charged with administering that provision or | ||||||
25 | initiative, except that the 24-month limitation on the adoption | ||||||
26 | of emergency rules and the provisions of Sections 5-115 and |
| |||||||
| |||||||
1 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
2 | The Department of Healthcare and Family Services may also adopt | ||||||
3 | rules under this subsection (k) necessary to administer the | ||||||
4 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
5 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
6 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
7 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
8 | Children's Health Insurance Program Act. The adoption of | ||||||
9 | emergency rules authorized by this subsection (k) shall be | ||||||
10 | deemed to be necessary for the public interest, safety, and | ||||||
11 | welfare.
| ||||||
12 | (l) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of the
State's fiscal year | ||||||
14 | 2007 budget, the Department of Healthcare and Family Services | ||||||
15 | may adopt emergency rules during fiscal year 2007, including | ||||||
16 | rules effective July 1, 2007, in
accordance with this | ||||||
17 | subsection to the extent necessary to administer the | ||||||
18 | Department's responsibilities with respect to amendments to | ||||||
19 | the State plans and Illinois waivers approved by the federal | ||||||
20 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
21 | requirements of Title XIX and Title XXI of the federal Social | ||||||
22 | Security Act. The adoption of emergency rules
authorized by | ||||||
23 | this subsection (l) shall be deemed to be necessary for the | ||||||
24 | public interest,
safety, and welfare.
| ||||||
25 | (m) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of the
State's fiscal year |
| |||||||
| |||||||
1 | 2008 budget, the Department of Healthcare and Family Services | ||||||
2 | may adopt emergency rules during fiscal year 2008, including | ||||||
3 | rules effective July 1, 2008, in
accordance with this | ||||||
4 | subsection to the extent necessary to administer the | ||||||
5 | Department's responsibilities with respect to amendments to | ||||||
6 | the State plans and Illinois waivers approved by the federal | ||||||
7 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
8 | requirements of Title XIX and Title XXI of the federal Social | ||||||
9 | Security Act. The adoption of emergency rules
authorized by | ||||||
10 | this subsection (m) shall be deemed to be necessary for the | ||||||
11 | public interest,
safety, and welfare.
| ||||||
12 | (n) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of the State's fiscal year | ||||||
14 | 2010 budget, emergency rules to implement any provision of | ||||||
15 | Public Act 96-45 or any other budget initiative authorized by | ||||||
16 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
17 | in accordance with this Section by the agency charged with | ||||||
18 | administering that provision or initiative. The adoption of | ||||||
19 | emergency rules authorized by this subsection (n) shall be | ||||||
20 | deemed to be necessary for the public interest, safety, and | ||||||
21 | welfare. The rulemaking authority granted in this subsection | ||||||
22 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
23 | 2010. | ||||||
24 | (o) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of the State's fiscal year | ||||||
26 | 2011 budget, emergency rules to implement any provision of |
| |||||||
| |||||||
1 | Public Act 96-958 or any other budget initiative authorized by | ||||||
2 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
3 | in accordance with this Section by the agency charged with | ||||||
4 | administering that provision or initiative. The adoption of | ||||||
5 | emergency rules authorized by this subsection (o) is deemed to | ||||||
6 | be necessary for the public interest, safety, and welfare. The | ||||||
7 | rulemaking authority granted in this subsection (o) applies | ||||||
8 | only to rules promulgated on or after July 1, 2010 (the | ||||||
9 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
10 | (p) In order to provide for the expeditious and timely | ||||||
11 | implementation of the provisions of Public Act 97-689, | ||||||
12 | emergency rules to implement any provision of Public Act 97-689 | ||||||
13 | may be adopted in accordance with this subsection (p) by the | ||||||
14 | agency charged with administering that provision or | ||||||
15 | initiative. The 150-day limitation of the effective period of | ||||||
16 | emergency rules does not apply to rules adopted under this | ||||||
17 | subsection (p), and the effective period may continue through | ||||||
18 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
19 | emergency rules does not apply to rules adopted under this | ||||||
20 | subsection (p). The adoption of emergency rules authorized by | ||||||
21 | this subsection (p) is deemed to be necessary for the public | ||||||
22 | interest, safety, and welfare. | ||||||
23 | (q) In order to provide for the expeditious and timely | ||||||
24 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
25 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
26 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 |
| |||||||
| |||||||
1 | may be adopted in accordance with this subsection (q) by the | ||||||
2 | agency charged with administering that provision or | ||||||
3 | initiative. The 24-month limitation on the adoption of | ||||||
4 | emergency rules does not apply to rules adopted under this | ||||||
5 | subsection (q). The adoption of emergency rules authorized by | ||||||
6 | this subsection (q) is deemed to be necessary for the public | ||||||
7 | interest, safety, and welfare. | ||||||
8 | (r) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of Public Act 98-651, | ||||||
10 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
11 | in accordance with this subsection (r) by the Department of | ||||||
12 | Healthcare and Family Services. The 24-month limitation on the | ||||||
13 | adoption of emergency rules does not apply to rules adopted | ||||||
14 | under this subsection (r). The adoption of emergency rules | ||||||
15 | authorized by this subsection (r) is deemed to be necessary for | ||||||
16 | the public interest, safety, and welfare. | ||||||
17 | (s) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
19 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
20 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
21 | Public Aid Code may be adopted in accordance with this | ||||||
22 | subsection (s) by the Department of Healthcare and Family | ||||||
23 | Services. The rulemaking authority granted in this subsection | ||||||
24 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
25 | 2015. Notwithstanding any other provision of this Section, any | ||||||
26 | emergency rule adopted under this subsection (s) shall only |
| |||||||
| |||||||
1 | apply to payments made for State fiscal year 2015. The adoption | ||||||
2 | of emergency rules authorized by this subsection (s) is deemed | ||||||
3 | to be necessary for the public interest, safety, and welfare. | ||||||
4 | (t) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of Article II of Public Act | ||||||
6 | 99-6, emergency rules to implement the changes made by Article | ||||||
7 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
8 | be adopted in accordance with this subsection (t) by the | ||||||
9 | Department of State Police. The rulemaking authority granted in | ||||||
10 | this subsection (t) shall apply only to those rules adopted | ||||||
11 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
12 | of emergency rules does not apply to rules adopted under this | ||||||
13 | subsection (t). The adoption of emergency rules authorized by | ||||||
14 | this subsection (t) is deemed to be necessary for the public | ||||||
15 | interest, safety, and welfare. | ||||||
16 | (u) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of the Burn Victims Relief | ||||||
18 | Act, emergency rules to implement any provision of the Act may | ||||||
19 | be adopted in accordance with this subsection (u) by the | ||||||
20 | Department of Insurance. The rulemaking authority granted in | ||||||
21 | this subsection (u) shall apply only to those rules adopted | ||||||
22 | prior to December 31, 2015. The adoption of emergency rules | ||||||
23 | authorized by this subsection (u) is deemed to be necessary for | ||||||
24 | the public interest, safety, and welfare. | ||||||
25 | (v) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of Public Act 99-516, |
| |||||||
| |||||||
1 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
2 | in accordance with this subsection (v) by the Department of | ||||||
3 | Healthcare and Family Services. The 24-month limitation on the | ||||||
4 | adoption of emergency rules does not apply to rules adopted | ||||||
5 | under this subsection (v). The adoption of emergency rules | ||||||
6 | authorized by this subsection (v) is deemed to be necessary for | ||||||
7 | the public interest, safety, and welfare. | ||||||
8 | (w) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of Public Act 99-796, | ||||||
10 | emergency rules to implement the changes made by Public Act | ||||||
11 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
12 | the Adjutant General. The adoption of emergency rules | ||||||
13 | authorized by this subsection (w) is deemed to be necessary for | ||||||
14 | the public interest, safety, and welfare. | ||||||
15 | (x) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of Public Act 99-906, | ||||||
17 | emergency rules to implement subsection (i) of Section 16-115D, | ||||||
18 | subsection (g) of Section 16-128A, and subsection (a) of | ||||||
19 | Section 16-128B of the Public Utilities Act may be adopted in | ||||||
20 | accordance with this subsection (x) by the Illinois Commerce | ||||||
21 | Commission. The rulemaking authority granted in this | ||||||
22 | subsection (x) shall apply only to those rules adopted within | ||||||
23 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
24 | 99-906). The adoption of emergency rules authorized by this | ||||||
25 | subsection (x) is deemed to be necessary for the public | ||||||
26 | interest, safety, and welfare. |
| |||||||
| |||||||
1 | (y) In order to provide for the expeditious and timely | ||||||
2 | implementation of the provisions of Public Act 100-23 this | ||||||
3 | amendatory Act of the 100th General Assembly , emergency rules | ||||||
4 | to implement the changes made by Public Act 100-23 this | ||||||
5 | amendatory Act of the 100th General Assembly to Section 4.02 of | ||||||
6 | the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the | ||||||
7 | Illinois Public Aid Code, Section 55-30 of the Alcoholism and | ||||||
8 | Other Drug Abuse and Dependency Act, and Sections 74 and 75 of | ||||||
9 | the Mental Health and Developmental Disabilities | ||||||
10 | Administrative Act may be adopted in accordance with this | ||||||
11 | subsection (y) by the respective Department. The adoption of | ||||||
12 | emergency rules authorized by this subsection (y) is deemed to | ||||||
13 | be necessary for the public 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 this | ||||||
16 | amendatory Act of the 100th General Assembly , emergency rules | ||||||
17 | to implement the changes made by Public Act 100-554 this | ||||||
18 | amendatory Act of the 100th General Assembly to Section 4.7 of | ||||||
19 | the Lobbyist Registration Act may be adopted in accordance with | ||||||
20 | this subsection (z) by the Secretary of State. The adoption of | ||||||
21 | emergency rules authorized by this subsection (z) is deemed to | ||||||
22 | be necessary for the public interest, safety, and welfare. | ||||||
23 | (aa) In order to provide for the expeditious and timely | ||||||
24 | initial implementation of the changes made to Articles 5, 5A, | ||||||
25 | 12, and 14 of the Illinois Public Aid Code under the provisions | ||||||
26 | of Public Act 100-581 this amendatory Act of the 100th General |
| |||||||
| |||||||
1 | Assembly , the Department of Healthcare and Family Services may | ||||||
2 | adopt emergency rules in accordance with this subsection (aa). | ||||||
3 | The 24-month limitation on the adoption of emergency rules does | ||||||
4 | not apply to rules to initially implement the changes made to | ||||||
5 | Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code | ||||||
6 | adopted under this subsection (aa). The adoption of emergency | ||||||
7 | rules authorized by this subsection (aa) is deemed to be | ||||||
8 | necessary for the public interest, safety, and welfare. | ||||||
9 | (bb) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 100-587 this | ||||||
11 | amendatory Act of the 100th General Assembly , emergency rules | ||||||
12 | to implement the changes made by Public Act 100-587 this | ||||||
13 | amendatory Act of the 100th General Assembly to Section 4.02 of | ||||||
14 | the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the | ||||||
15 | Illinois Public Aid Code, subsection (b) of Section 55-30 of | ||||||
16 | the Alcoholism and Other Drug Abuse and Dependency Act, Section | ||||||
17 | 5-104 of the Specialized Mental Health Rehabilitation Act of | ||||||
18 | 2013, and Section 75 and subsection (b) of Section 74 of the | ||||||
19 | Mental Health and Developmental Disabilities Administrative | ||||||
20 | Act may be adopted in accordance with this subsection (bb) by | ||||||
21 | the respective Department. The adoption of emergency rules | ||||||
22 | authorized by this subsection (bb) is deemed to be necessary | ||||||
23 | for the public interest, safety, and welfare. | ||||||
24 | (cc) (bb) In order to provide for the expeditious and | ||||||
25 | timely implementation of the provisions of Public Act 100-587 | ||||||
26 | this amendatory Act of the 100th General Assembly , emergency |
| |||||||
| |||||||
1 | rules may be adopted in accordance with this subsection (cc) | ||||||
2 | (bb) to implement the changes made by Public Act 100-587 this | ||||||
3 | amendatory Act of the 100th General Assembly to: Sections | ||||||
4 | 14-147.5 and 14-147.6 of the Illinois Pension Code by the Board | ||||||
5 | created under Article 14 of the Code; Sections 15-185.5 and | ||||||
6 | 15-185.6 of the Illinois Pension Code by the Board created | ||||||
7 | under Article 15 of the Code; and Sections 16-190.5 and | ||||||
8 | 16-190.6 of the Illinois Pension Code by the Board created | ||||||
9 | under Article 16 of the Code. The adoption of emergency rules | ||||||
10 | authorized by this subsection (cc) (bb) is deemed to be | ||||||
11 | necessary for the public interest, safety, and welfare. | ||||||
12 | (dd) (aa) In order to provide for the expeditious and | ||||||
13 | timely implementation of the provisions of Public Act 100-864 | ||||||
14 | this amendatory Act of the 100th General Assembly , emergency | ||||||
15 | rules to implement the changes made by Public Act 100-864 this | ||||||
16 | amendatory Act of the 100th General Assembly to Section 3.35 of | ||||||
17 | the Newborn Metabolic Screening Act may be adopted in | ||||||
18 | accordance with this subsection (dd) (aa) by the Secretary of | ||||||
19 | State. The adoption of emergency rules authorized by this | ||||||
20 | subsection (dd) (aa) is deemed to be necessary for the public | ||||||
21 | interest, safety, and welfare. | ||||||
22 | (Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143, | ||||||
23 | eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16; | ||||||
24 | 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17; | ||||||
25 | 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff. | ||||||
26 | 3-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18; |
| |||||||
| |||||||
1 | 100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff. | ||||||
2 | 8-14-18; revised 10-18-18.)
| ||||||
3 | (5 ILCS 100/5-100) (from Ch. 127, par. 1005-100)
| ||||||
4 | Sec. 5-100. Powers of the Joint Committee. The Joint | ||||||
5 | Committee shall
have the following powers under this Act:
| ||||||
6 | (a) The function of the Joint Committee shall be the | ||||||
7 | promotion of adequate
and proper rules by agencies and an | ||||||
8 | understanding on the part of the public
respecting those rules. | ||||||
9 | This function shall be advisory only, except as
provided in | ||||||
10 | Sections 5-115 and 5-125.
| ||||||
11 | (b) The Joint Committee may undertake studies and | ||||||
12 | investigations
concerning rulemaking and agency rules.
| ||||||
13 | (c) The Joint Committee shall monitor and investigate | ||||||
14 | agencies'
compliance with the provisions of this Act, make | ||||||
15 | periodic investigations of
the rulemaking activities of all | ||||||
16 | agencies, and evaluate and report on all
rules in terms of | ||||||
17 | their propriety, legal adequacy, relation to
statutory | ||||||
18 | authorization, economic and budgetary effects, and public
| ||||||
19 | policy.
| ||||||
20 | (d) Hearings and investigations conducted by the Joint | ||||||
21 | Committee
under this Act may be held at times and places within | ||||||
22 | the State as
the Committee deems necessary.
| ||||||
23 | (e) The Joint Committee may request from any agency an | ||||||
24 | analysis of
the following:
| ||||||
25 | (1) The effect of a new rule, amendment, or repealer, |
| |||||||
| |||||||
1 | including any
direct economic effect on the persons | ||||||
2 | regulated by the rule; any
anticipated effect on the | ||||||
3 | proposing agency's budget and the budgets of
other State | ||||||
4 | agencies; and any anticipated effects on State revenues.
| ||||||
5 | (2) The agency's evaluation of the submissions | ||||||
6 | presented to the agency
under Section 5-40.
| ||||||
7 | (3) A description of any modifications from the | ||||||
8 | initially published
proposal made in the finally accepted | ||||||
9 | version of the intended rule,
amendment, or repealer.
| ||||||
10 | (4) The agency's justification and rationale for the | ||||||
11 | intended rule,
amendment, or repealer.
| ||||||
12 | (f) Failure of the Joint Committee to object to any | ||||||
13 | proposed rule,
amendment, or repealer or any existing rule | ||||||
14 | shall not be construed as
implying direct or indirect approval | ||||||
15 | of the rule or proposed rule,
amendment, or repealer by the | ||||||
16 | Joint Committee or the General Assembly. | ||||||
17 | (g) In addition to other estimates which may be provided, | ||||||
18 | the Joint Committee may request the Auditor General to perform | ||||||
19 | an independent estimate before or during the second notice | ||||||
20 | period to assess the cost of a proposed rule or amendment, or | ||||||
21 | to assess the cost of an emergency rule after its adoption. The | ||||||
22 | Joint Committee shall use such estimates in determining whether | ||||||
23 | to prohibit a proposed rule or amendment to a rule under | ||||||
24 | subsection (c-5) of Section 5-40 or to suspend an emergency | ||||||
25 | rule under subsection (c-3) of Section 5-45.
| ||||||
26 | (Source: P.A. 87-823.)
|
| |||||||
| |||||||
1 | (5 ILCS 100/5-115) (from Ch. 127, par. 1005-115)
| ||||||
2 | Sec. 5-115. Other action by the Joint Committee.
| ||||||
3 | (a) If the Joint Committee determines that the adoption and | ||||||
4 | effectiveness
of a proposed rule, amendment, or repealer or | ||||||
5 | portion of a proposed rule,
amendment, or repealer by an agency | ||||||
6 | would be objectionable under any of the
standards for the Joint | ||||||
7 | Committee's review specified in Section 5-100,
5-105, 5-110, | ||||||
8 | 5-120, or 5-130 and would constitute a serious threat
to the | ||||||
9 | public interest, safety, or welfare, the Joint Committee may
| ||||||
10 | issue a statement to that effect at any time before the | ||||||
11 | proposed rule,
amendment, or repealer takes effect. The | ||||||
12 | statement may be issued by the
Joint Committee only upon the | ||||||
13 | affirmative vote of three-fifths of the
members appointed to | ||||||
14 | the Joint Committee. The Joint Committee, however, may withdraw | ||||||
15 | a statement within 180 days after it is issued upon the | ||||||
16 | affirmative vote of a majority of the members appointed to the | ||||||
17 | Joint Committee. A certified copy of each
statement and | ||||||
18 | withdrawal shall be transmitted to the proposing agency and to | ||||||
19 | the Secretary
of State for publication in the next available | ||||||
20 | issue of the Illinois Register.
| ||||||
21 | (a-5) Notwithstanding the provisions of subsection (a), if | ||||||
22 | a proposed rule or amendment to a rule is deemed objectionable | ||||||
23 | under subsection (c-5) of Section 5-40, the Joint Committee | ||||||
24 | shall issue a statement to that effect any time before the | ||||||
25 | proposed rule or amendment takes effect. The proposed rule or |
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1 | amendment deemed objectionable under this subsection (a-5) | ||||||
2 | shall remain prohibited until otherwise authorized by | ||||||
3 | legislation passed by both houses of the General Assembly and | ||||||
4 | signed by the Governor as provided under subsection (c-5). A | ||||||
5 | certified copy of each statement shall be transmitted to the | ||||||
6 | proposing agency and to the Secretary of State for publication | ||||||
7 | in the next available issue of the Illinois Register. | ||||||
8 | (b) The proposed rule, amendment, or repealer or the | ||||||
9 | portion of the proposed
rule, amendment, or repealer to which | ||||||
10 | the Joint Committee has issued a
statement under subsection (a) | ||||||
11 | or (a-5) shall not be accepted for filing by the
Secretary of | ||||||
12 | State and shall not take effect unless the statement is | ||||||
13 | withdrawn , or a joint resolution is passed as provided in | ||||||
14 | subsection (c) , or legislation is passed as provided under | ||||||
15 | subsection (c-5) . The agency may not enforce or
invoke for any | ||||||
16 | reason a proposed rule, amendment, or repealer or any
portion | ||||||
17 | thereof that is prohibited from being filed by this subsection.
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18 | (c) After the issuance
of a statement under subsection (a), | ||||||
19 | any member of the General Assembly may introduce in
the General
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20 | Assembly a joint resolution stating that the General Assembly | ||||||
21 | desires to discontinue the prohibition against the proposed | ||||||
22 | rule, amendment, or repealer
or the portion thereof to which | ||||||
23 | the statement was issued being filed and
taking effect. If the | ||||||
24 | joint
resolution is not passed by both houses of the General | ||||||
25 | Assembly within 180
days after receipt of the statement by the | ||||||
26 | Secretary of State or the statement is not withdrawn as |
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1 | provided in subsection (a), the agency shall be prohibited from
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2 | filing the proposed rule, amendment, or repealer or the portion | ||||||
3 | thereof and
the proposed rule, amendment, or repealer or the | ||||||
4 | portion thereof
shall not take effect. The Secretary of State | ||||||
5 | shall not accept for filing
the proposed rule, amendment, or | ||||||
6 | repealer or the portion thereof with respect to which the Joint | ||||||
7 | Committee has issued a statement under subsection (a) unless | ||||||
8 | that statement is withdrawn or a joint resolution is passed as | ||||||
9 | provided in this subsection. If the 180-day period expires | ||||||
10 | before
passage of the joint resolution, the agency may not file | ||||||
11 | the proposed rule,
amendment, or repealer or the portion | ||||||
12 | thereof as adopted and it shall not
take effect.
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13 | (c-5) After the issuance of a statement under subsection | ||||||
14 | (a-5), any member of the General Assembly may introduce a bill | ||||||
15 | stating that the General Assembly desires to discontinue the | ||||||
16 | prohibition against the proposed rule or amendment, and | ||||||
17 | authorize the terms of the proposed rule or amendment despite | ||||||
18 | its objectionable nature. If the bill is not passed by both | ||||||
19 | houses of the General Assembly within 180 days after receipt of | ||||||
20 | the statement by the Secretary of State, and then signed by the | ||||||
21 | Governor thereafter, the agency shall be prohibited from filing | ||||||
22 | the proposed rule or amendment, and the proposed rule or | ||||||
23 | amendment shall not take effect. The Secretary of State shall | ||||||
24 | not accept for filing the proposed rule or amendment with | ||||||
25 | respect to which the Joint Committee has issued a statement | ||||||
26 | under subsection (a-5) unless authorizing legislation is |
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1 | passed as provided in this subsection (c-5). If the 180-day | ||||||||||||||||||||||||||||||||||||||||||||||||||
2 | period expires before passage of the bill through both houses, | ||||||||||||||||||||||||||||||||||||||||||||||||||
3 | the agency may not file the proposed rule or amendment, and it | ||||||||||||||||||||||||||||||||||||||||||||||||||
4 | shall not take effect. Upon the signing of authorizing | ||||||||||||||||||||||||||||||||||||||||||||||||||
5 | legislation under this subsection (c-5), the Governor shall | ||||||||||||||||||||||||||||||||||||||||||||||||||
6 | provide the Secretary of State Index Department with a copy of | ||||||||||||||||||||||||||||||||||||||||||||||||||
7 | the legislation, and the agency shall then be authorized to | ||||||||||||||||||||||||||||||||||||||||||||||||||
8 | file the proposed rule or amendment, and it shall be allowed to | ||||||||||||||||||||||||||||||||||||||||||||||||||
9 | take effect. | ||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (d) If a statement is issued under this Section, then, in | ||||||||||||||||||||||||||||||||||||||||||||||||||
11 | response to an objection or suggestion of the Joint Committee, | ||||||||||||||||||||||||||||||||||||||||||||||||||
12 | the agency may propose changes to the proposed rule, amendment, | ||||||||||||||||||||||||||||||||||||||||||||||||||
13 | or repealer or portion of a proposed rule, amendment, or | ||||||||||||||||||||||||||||||||||||||||||||||||||
14 | repealer. If the agency proposes changes, it must provide | ||||||||||||||||||||||||||||||||||||||||||||||||||
15 | additional notice to the Joint Committee under the same terms | ||||||||||||||||||||||||||||||||||||||||||||||||||
16 | and conditions and shall be subject to the same requirements | ||||||||||||||||||||||||||||||||||||||||||||||||||
17 | and limitations as those set forth for a second notice period | ||||||||||||||||||||||||||||||||||||||||||||||||||
18 | under subsection (c) of Section 5-40.
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19 | (Source: P.A. 93-1035, eff. 9-10-04; 93-1074, eff. 1-18-05.)
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