Sen. Bill Cunningham

Filed: 5/21/2025

 

 


 

 


 
10400HB2667sam001LRB104 11325 SPS 26475 a

1
AMENDMENT TO HOUSE BILL 2667

2    AMENDMENT NO. ______. Amend House Bill 2667 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10400HB2667sam001- 2 -LRB104 11325 SPS 26475 a

1    requestor.
2        (3) Tables of contents, indices, reference tables, and
3    other materials to aid users in finding and using the
4    agency's collection of rules currently in force.
5        (4) A current description of the agency's rulemaking
6    procedures with necessary flow charts depicting those
7    procedures.
8        (5) Any rules adopted under this Section in accordance
9    with Sections 5-75 and 10-20 of this Act.
10    (b) The rules required to be filed by this Section that
11contain statements concerning only the internal management of
12an agency and not affecting private rights or procedures
13available to persons or entities outside the agency may be
14adopted, amended, or repealed and filed as provided in this
15Section instead of any other provisions or requirements of
16this Act.
17    The rules required by this Section may be adopted,
18amended, or repealed by filing a certified copy with the
19Secretary of State under subsections (a) and (b) of Section
205-65 and may become effective immediately.
21    (c) Before filing a certified copy with the Secretary of
22State as described in subsection (b) of this Section, an
23agency shall give at least 14 days' notice of its intended
24action to the general public. The notice period shall commence
25on the first day the notice appears in the Illinois Register.
26The notice shall include the information in paragraphs (1),

 

 

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1(2), (3), and (5) of subsection (b) of Section 5-40, a
2statement of how the proposed rule made under this Section
3satisfies the criteria established by subsections (a) and (b),
4how to submit comments, and any other information that the
5Secretary of State may, by rule, require in the interest of
6informing the public.
7    During the notice period, the agency shall accept comments
8from any interested persons. The agency shall accept
9submissions in writing, including submissions by email or by
10other publicly accessible electronic means through its
11website. At the discretion of the agency, submissions may be
12submitted orally. The agency shall consider all submissions
13received.
14    After the notice period, the agency may make modifications
15to the proposed rule in response to any comment received and
16file a certified copy with the Secretary of State under
17subsections (a) and (b) of Section 5-65. The notice of
18adoption of required rules shall also include a description of
19any modifications from the initially published proposal and
20may include an immediate effective date.
21    The Secretary of State shall refuse the filing of a
22certified copy that does not comply with this subsection.
23(Source: P.A. 90-155, eff. 7-23-97.)".