Rep. David Harris

Filed: 5/23/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2861

2    AMENDMENT NO. ______. Amend Senate Bill 2861 on page 8,
3line 12, by replacing "offense when" with "offense. When"; and
 
4on page 8, line 14, by replacing "domestic. In such a case"
5with "domestic,"; and
 
6by replacing line 18 on page 15 through line 5 on page 16 with
7the following:
 
8    "Section 15. Article 15. Non-judicial punishment
9proceedings. The Adjutant General may adopt rules to effectuate
10non-judicial punishment proceedings in accordance with the
11Illinois Administrative Procedure Act which may impose
12disciplinary punishments for minor offenses without the
13intervention of a court-martial pursuant to this Article."; and
 
14on page 32, by replacing lines 7 through 14 with the following:
 

 

 

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1    "Section 36. Article 36. Trial procedure. The Adjutant
2General may adopt rules in accordance with the Illinois
3Administrative Procedure Act which establish pretrial, trial,
4and post-trial procedures, including modes of proof, for
5courts-martial cases arising under this Code and for courts of
6inquiry, and which shall apply the principles of law and the";
7and
 
8on page 105, immediately below line 24, by inserting the
9following:
 
10    "Section 150. The Illinois Administrative Procedure Act is
11amended by changing Section 5-45 as follows:
 
12    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
13    Sec. 5-45. Emergency rulemaking.
14    (a) "Emergency" means the existence of any situation that
15any agency finds reasonably constitutes a threat to the public
16interest, safety, or welfare.
17    (b) If any agency finds that an emergency exists that
18requires adoption of a rule upon fewer days than is required by
19Section 5-40 and states in writing its reasons for that
20finding, the agency may adopt an emergency rule without prior
21notice or hearing upon filing a notice of emergency rulemaking
22with the Secretary of State under Section 5-70. The notice

 

 

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1shall include the text of the emergency rule and shall be
2published in the Illinois Register. Consent orders or other
3court orders adopting settlements negotiated by an agency may
4be adopted under this Section. Subject to applicable
5constitutional or statutory provisions, an emergency rule
6becomes effective immediately upon filing under Section 5-65 or
7at a stated date less than 10 days thereafter. The agency's
8finding and a statement of the specific reasons for the finding
9shall be filed with the rule. The agency shall take reasonable
10and appropriate measures to make emergency rules known to the
11persons who may be affected by them.
12    (c) An emergency rule may be effective for a period of not
13longer than 150 days, but the agency's authority to adopt an
14identical rule under Section 5-40 is not precluded. No
15emergency rule may be adopted more than once in any 24 month
16period, except that this limitation on the number of emergency
17rules that may be adopted in a 24 month period does not apply
18to (i) emergency rules that make additions to and deletions
19from the Drug Manual under Section 5-5.16 of the Illinois
20Public Aid Code or the generic drug formulary under Section
213.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
22emergency rules adopted by the Pollution Control Board before
23July 1, 1997 to implement portions of the Livestock Management
24Facilities Act, (iii) emergency rules adopted by the Illinois
25Department of Public Health under subsections (a) through (i)
26of Section 2 of the Department of Public Health Act when

 

 

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1necessary to protect the public's health, (iv) emergency rules
2adopted pursuant to subsection (n) of this Section, (v)
3emergency rules adopted pursuant to subsection (o) of this
4Section, or (vi) emergency rules adopted pursuant to subsection
5(c-5) of this Section. Two or more emergency rules having
6substantially the same purpose and effect shall be deemed to be
7a single rule for purposes of this Section.
8    (c-5) To facilitate the maintenance of the program of group
9health benefits provided to annuitants, survivors, and retired
10employees under the State Employees Group Insurance Act of
111971, rules to alter the contributions to be paid by the State,
12annuitants, survivors, retired employees, or any combination
13of those entities, for that program of group health benefits,
14shall be adopted as emergency rules. The adoption of those
15rules shall be considered an emergency and necessary for the
16public interest, safety, and welfare.
17    (d) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 1999 budget,
19emergency rules to implement any provision of Public Act 90-587
20or 90-588 or any other budget initiative for fiscal year 1999
21may be adopted in accordance with this Section by the agency
22charged with administering that provision or initiative,
23except that the 24-month limitation on the adoption of
24emergency rules and the provisions of Sections 5-115 and 5-125
25do not apply to rules adopted under this subsection (d). The
26adoption of emergency rules authorized by this subsection (d)

 

 

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1shall be deemed to be necessary for the public interest,
2safety, and welfare.
3    (e) In order to provide for the expeditious and timely
4implementation of the State's fiscal year 2000 budget,
5emergency rules to implement any provision of Public Act 91-24
6this amendatory Act of the 91st General Assembly or any other
7budget initiative for fiscal year 2000 may be adopted in
8accordance with this Section by the agency charged with
9administering that provision or initiative, except that the
1024-month limitation on the adoption of emergency rules and the
11provisions of Sections 5-115 and 5-125 do not apply to rules
12adopted under this subsection (e). The adoption of emergency
13rules authorized by this subsection (e) shall be deemed to be
14necessary for the public interest, safety, and welfare.
15    (f) In order to provide for the expeditious and timely
16implementation of the State's fiscal year 2001 budget,
17emergency rules to implement any provision of Public Act 91-712
18this amendatory Act of the 91st General Assembly or any other
19budget initiative for fiscal year 2001 may be adopted in
20accordance with this Section by the agency charged with
21administering that provision or initiative, except that the
2224-month limitation on the adoption of emergency rules and the
23provisions of Sections 5-115 and 5-125 do not apply to rules
24adopted under this subsection (f). The adoption of emergency
25rules authorized by this subsection (f) shall be deemed to be
26necessary for the public interest, safety, and welfare.

 

 

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1    (g) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2002 budget,
3emergency rules to implement any provision of Public Act 92-10
4this amendatory Act of the 92nd General Assembly or any other
5budget initiative for fiscal year 2002 may be adopted in
6accordance with this Section by the agency charged with
7administering that provision or initiative, except that the
824-month limitation on the adoption of emergency rules and the
9provisions of Sections 5-115 and 5-125 do not apply to rules
10adopted under this subsection (g). The adoption of emergency
11rules authorized by this subsection (g) shall be deemed to be
12necessary for the public interest, safety, and welfare.
13    (h) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 2003 budget,
15emergency rules to implement any provision of Public Act 92-597
16this amendatory Act of the 92nd General Assembly or any other
17budget initiative for fiscal year 2003 may be adopted in
18accordance with this Section by the agency charged with
19administering that provision or initiative, except that the
2024-month limitation on the adoption of emergency rules and the
21provisions of Sections 5-115 and 5-125 do not apply to rules
22adopted under this subsection (h). The adoption of emergency
23rules authorized by this subsection (h) shall be deemed to be
24necessary for the public interest, safety, and welfare.
25    (i) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2004 budget,

 

 

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1emergency rules to implement any provision of Public Act 93-20
2this amendatory Act of the 93rd General Assembly or any other
3budget initiative for fiscal year 2004 may be adopted in
4accordance with this Section by the agency charged with
5administering that provision or initiative, except that the
624-month limitation on the adoption of emergency rules and the
7provisions of Sections 5-115 and 5-125 do not apply to rules
8adopted under this subsection (i). The adoption of emergency
9rules authorized by this subsection (i) shall be deemed to be
10necessary for the public interest, safety, and welfare.
11    (j) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132005 budget as provided under the Fiscal Year 2005 Budget
14Implementation (Human Services) Act, emergency rules to
15implement any provision of the Fiscal Year 2005 Budget
16Implementation (Human Services) Act may be adopted in
17accordance with this Section by the agency charged with
18administering that provision, except that the 24-month
19limitation on the adoption of emergency rules and the
20provisions of Sections 5-115 and 5-125 do not apply to rules
21adopted under this subsection (j). The Department of Public Aid
22may also adopt rules under this subsection (j) necessary to
23administer the Illinois Public Aid Code and the Children's
24Health Insurance Program Act. The adoption of emergency rules
25authorized by this subsection (j) shall be deemed to be
26necessary for the public interest, safety, and welfare.

 

 

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1    (k) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32006 budget, emergency rules to implement any provision of
4Public Act 94-48 this amendatory Act of the 94th General
5Assembly or any other budget initiative for fiscal year 2006
6may be adopted in accordance with this Section by the agency
7charged with administering that provision or initiative,
8except that the 24-month limitation on the adoption of
9emergency rules and the provisions of Sections 5-115 and 5-125
10do not apply to rules adopted under this subsection (k). The
11Department of Healthcare and Family Services may also adopt
12rules under this subsection (k) necessary to administer the
13Illinois Public Aid Code, the Senior Citizens and Persons with
14Disabilities Property Tax Relief Act, the Senior Citizens and
15Disabled Persons Prescription Drug Discount Program Act (now
16the Illinois Prescription Drug Discount Program Act), and the
17Children's Health Insurance Program Act. The adoption of
18emergency rules authorized by this subsection (k) shall be
19deemed to be necessary for the public interest, safety, and
20welfare.
21    (l) In order to provide for the expeditious and timely
22implementation of the provisions of the State's fiscal year
232007 budget, the Department of Healthcare and Family Services
24may adopt emergency rules during fiscal year 2007, including
25rules effective July 1, 2007, in accordance with this
26subsection to the extent necessary to administer the

 

 

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1Department's responsibilities with respect to amendments to
2the State plans and Illinois waivers approved by the federal
3Centers for Medicare and Medicaid Services necessitated by the
4requirements of Title XIX and Title XXI of the federal Social
5Security Act. The adoption of emergency rules authorized by
6this subsection (l) shall be deemed to be necessary for the
7public interest, safety, and welfare.
8    (m) In order to provide for the expeditious and timely
9implementation of the provisions of the State's fiscal year
102008 budget, the Department of Healthcare and Family Services
11may adopt emergency rules during fiscal year 2008, including
12rules effective July 1, 2008, in accordance with this
13subsection to the extent necessary to administer the
14Department's responsibilities with respect to amendments to
15the State plans and Illinois waivers approved by the federal
16Centers for Medicare and Medicaid Services necessitated by the
17requirements of Title XIX and Title XXI of the federal Social
18Security Act. The adoption of emergency rules authorized by
19this subsection (m) shall be deemed to be necessary for the
20public interest, safety, and welfare.
21    (n) In order to provide for the expeditious and timely
22implementation of the provisions of the State's fiscal year
232010 budget, emergency rules to implement any provision of
24Public Act 96-45 this amendatory Act of the 96th General
25Assembly or any other budget initiative authorized by the 96th
26General Assembly for fiscal year 2010 may be adopted in

 

 

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1accordance with this Section by the agency charged with
2administering that provision or initiative. The adoption of
3emergency rules authorized by this subsection (n) shall be
4deemed to be necessary for the public interest, safety, and
5welfare. The rulemaking authority granted in this subsection
6(n) shall apply only to rules promulgated during Fiscal Year
72010.
8    (o) In order to provide for the expeditious and timely
9implementation of the provisions of the State's fiscal year
102011 budget, emergency rules to implement any provision of
11Public Act 96-958 this amendatory Act of the 96th General
12Assembly or any other budget initiative authorized by the 96th
13General Assembly for fiscal year 2011 may be adopted in
14accordance with this Section by the agency charged with
15administering that provision or initiative. The adoption of
16emergency rules authorized by this subsection (o) is deemed to
17be necessary for the public interest, safety, and welfare. The
18rulemaking authority granted in this subsection (o) applies
19only to rules promulgated on or after the effective date of
20Public Act 96-958 this amendatory Act of the 96th General
21Assembly through June 30, 2011.
22    (p) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 97-689,
24emergency rules to implement any provision of Public Act 97-689
25may be adopted in accordance with this subsection (p) by the
26agency charged with administering that provision or

 

 

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1initiative. The 150-day limitation of the effective period of
2emergency rules does not apply to rules adopted under this
3subsection (p), and the effective period may continue through
4June 30, 2013. The 24-month limitation on the adoption of
5emergency rules does not apply to rules adopted under this
6subsection (p). The adoption of emergency rules authorized by
7this subsection (p) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (q) In order to provide for the expeditious and timely
10implementation of the provisions of Articles 7, 8, 9, 11, and
1112 of Public Act 98-104 this amendatory Act of the 98th General
12Assembly, emergency rules to implement any provision of
13Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this
14amendatory Act of the 98th General Assembly may be adopted in
15accordance with this subsection (q) by the agency charged with
16administering that provision or initiative. The 24-month
17limitation on the adoption of emergency rules does not apply to
18rules adopted under this subsection (q). The adoption of
19emergency rules authorized by this subsection (q) is deemed to
20be necessary for the public interest, safety, and welfare.
21    (r) In order to provide for the expeditious and timely
22implementation of the provisions of Public Act 98-651 this
23amendatory Act of the 98th General Assembly, emergency rules to
24implement Public Act 98-651 this amendatory Act of the 98th
25General Assembly may be adopted in accordance with this
26subsection (r) by the Department of Healthcare and Family

 

 

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1Services. The 24-month limitation on the adoption of emergency
2rules does not apply to rules adopted under this subsection
3(r). The adoption of emergency rules authorized by this
4subsection (r) is deemed to be necessary for the public
5interest, safety, and welfare.
6    (s) In order to provide for the expeditious and timely
7implementation of the provisions of Sections 5-5b.1 and 5A-2 of
8the Illinois Public Aid Code, emergency rules to implement any
9provision of Section 5-5b.1 or Section 5A-2 of the Illinois
10Public Aid Code may be adopted in accordance with this
11subsection (s) by the Department of Healthcare and Family
12Services. The rulemaking authority granted in this subsection
13(s) shall apply only to those rules adopted prior to July 1,
142015. Notwithstanding any other provision of this Section, any
15emergency rule adopted under this subsection (s) shall only
16apply to payments made for State fiscal year 2015. The adoption
17of emergency rules authorized by this subsection (s) is deemed
18to be necessary for the public interest, safety, and welfare.
19    (t) In order to provide for the expeditious and timely
20implementation of the provisions of Article II of Public Act
2199-6 this amendatory Act of the 99th General Assembly,
22emergency rules to implement the changes made by Article II of
23Public Act 99-6 this amendatory Act of the 99th General
24Assembly to the Emergency Telephone System Act may be adopted
25in accordance with this subsection (t) by the Department of
26State Police. The rulemaking authority granted in this

 

 

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1subsection (t) shall apply only to those rules adopted prior to
2July 1, 2016. The 24-month limitation on the adoption of
3emergency rules does not apply to rules adopted under this
4subsection (t). The adoption of emergency rules authorized by
5this subsection (t) is deemed to be necessary for the public
6interest, safety, and welfare.
7    (u) (t) In order to provide for the expeditious and timely
8implementation of the provisions of the Burn Victims Relief
9Act, emergency rules to implement any provision of the Act may
10be adopted in accordance with this subsection (u) (t) by the
11Department of Insurance. The rulemaking authority granted in
12this subsection (u) (t) shall apply only to those rules adopted
13prior to December 31, 2015. The adoption of emergency rules
14authorized by this subsection (u) (t) is deemed to be necessary
15for the public interest, safety, and welfare.
16    (v) In order to provide for the expeditious and timely
17implementation of the provisions of this amendatory Act of the
1899th General Assembly, emergency rules to implement the changes
19made by this amendatory Act of the 99th General Assembly may be
20adopted in accordance with this subsection (v) by the Adjutant
21General. The adoption of emergency rules authorized by this
22subsection (v) is deemed to be necessary for the public
23interest, safety, and welfare.
24(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
2598-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
2699-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised

 

 

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110-15-15.)"; and
 
2on page 106, by replacing lines 1 and 2 with the following:
3    "Section 153. The Military Code of Illinois is amended by
4changing Section 90 and by adding Section 34.1 as follows:";
5and
 
6on page 106, immediately below line 17, by inserting the
7following:
 
8    "(20 ILCS 1805/90)  (from Ch. 129, par. 220.90)
9    Sec. 90. (a) If any member of the Illinois National Guard
10is criminally prosecuted by civil authorities of the United
11States or any state, commonwealth, or territory of the United
12States, or criminal action for any act or omission determined
13by the Attorney General to have been within the scope of the
14member's military duties, performed or committed by such
15member, or for any an act or omission caused, ordered, or
16directed by such member to be done or performed within the
17scope of military duty, the member shall be entitled to defense
18representation by the Attorney General or, if the Attorney
19General determines it appropriate, by a qualified private
20defense attorney of the member's choice subject to the approval
21of the Attorney General at State expense. In that case all
22costs in furtherance of and while in the performance of
23military duty, all the expense of the defense, of such action

 

 

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1or actions civil or criminal, including attorney's fees,
2witnesses' fees for the defense, defendant's court costs and
3all costs for transcripts of records and abstracts thereof on
4appeal by the defense, shall be paid by the State; provided,
5that the Attorney General of the State shall be first consulted
6in regard to, and approve of, the selection of the attorney for
7the defense: And, provided, further, that the Attorney General
8of the State may, if he see fit, assume the responsibility for
9the defense of such member and conduct the same personally or
10by any one or more of his assistants.
11    (b) Representation and indemnification of Illinois
12National Guard members in civil cases arising out of their
13military training or duty shall be in accordance with the State
14Employee Indemnification Act.
15(Source: P.A. 85-1241.)"; and
 
16by deleting line 23 on page 106 through line 1 on page 107; and
 
17on page 107, line 3, by replacing "89, 90, and 91" with "and
1889".