HB2667 EnrolledLRB104 11325 BDA 21412 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is 
5amended by changing Section 5-15 as follows:
 
6    (5 ILCS 100/5-15)  (from Ch. 127, par. 1005-15)
7    Sec. 5-15. Required rules. 
8    (a) Each agency shall maintain as rules the following:
9        (1) (Blank). A current description of the agency's 
10    organization with necessary charts depicting that 
11    organization.
12        (2) The current procedures by which the public can 
13    obtain information or make submissions or requests on 
14    subjects, programs, and activities of the agency. Requests 
15    for copies of agency rules shall not be deemed Freedom of 
16    Information Act requests unless so labeled by the 
17    requestor.
18        (3) Tables of contents, indices, reference tables, and 
19    other materials to aid users in finding and using the 
20    agency's collection of rules currently in force.
21        (4) A current description of the agency's rulemaking 
22    procedures with necessary flow charts depicting those 
23    procedures.
 
 
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1        (5) Any rules adopted under this Section in accordance 
2    with Sections 5-75 and 10-20 of this Act.
3    (b) The rules required to be filed by this Section that 
4contain statements concerning only the internal management of 
5an agency and not affecting private rights or procedures 
6available to persons or entities outside the agency may be 
7adopted, amended, or repealed and filed as provided in this 
8Section instead of any other provisions or requirements of 
9this Act.
10    The rules required by this Section may be adopted, 
11amended, or repealed by filing a certified copy with the 
12Secretary of State under subsections (a) and (b) of Section 
135-65 and may become effective immediately.
14    (c) Before filing a certified copy with the Secretary of 
15State as described in subsection (b) of this Section, an 
16agency shall give at least 14 days' notice of its intended 
17action to the general public. The notice period shall commence 
18on the first day the notice appears in the Illinois Register. 
19The notice shall include the information in paragraphs (1), 
20(2), (3), and (5) of subsection (b) of Section 5-40, a 
21statement of how the proposed rule made under this Section 
22satisfies the criteria established by subsections (a) and (b), 
23how to submit comments, and any other information that the 
24Secretary of State may, by rule, require in the interest of 
25informing the public.
26    During the notice period, the agency shall accept comments 
 
 
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1from any interested persons. The agency shall accept 
2submissions in writing, including submissions by email or by 
3other publicly accessible electronic means through its 
4website. At the discretion of the agency, submissions may be 
5submitted orally. The agency shall consider all submissions 
6received.
7    After the notice period, the agency may make modifications 
8to the proposed rule in response to any comment received and 
9file a certified copy with the Secretary of State under 
10subsections (a) and (b) of Section 5-65. The notice of 
11adoption of required rules shall also include a description of 
12any modifications from the initially published proposal and 
13may include an immediate effective date.
14    The Secretary of State shall refuse the filing of a 
15certified copy that does not comply with this subsection. 
16(Source: P.A. 90-155, eff. 7-23-97.)