SB73 Enrolled SDS093 00001 LMT 00001 b

1     AN ACT concerning State Government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Sections 5-115, 5-120, and 5-125 as
6 follows:
 
7     (5 ILCS 100/5-115)  (from Ch. 127, par. 1005-115)
8     Sec. 5-115. Other action by the Joint Committee.
9     (a) If the Joint Committee determines that the adoption and
10 effectiveness of a proposed rule, amendment, or repealer or
11 portion of a proposed rule, amendment, or repealer by an agency
12 would be objectionable under any of the standards for the Joint
13 Committee's review specified in Section 5-100, 5-105, 5-110,
14 5-120, or 5-130 and would constitute a serious threat to the
15 public interest, safety, or welfare, the Joint Committee may
16 issue a statement to that effect at any time before the
17 proposed rule, amendment, or repealer takes effect. The
18 statement may be issued by the Joint Committee only upon the
19 affirmative vote of three-fifths of the members appointed to
20 the Joint Committee. The Joint Committee, however, may withdraw
21 a statement within 180 days after it is issued upon the
22 affirmative vote of a majority of the members appointed to the
23 Joint Committee. A certified copy of each the statement and
24 withdrawal shall be transmitted to the proposing agency and to
25 the Secretary of State for publication in the next available
26 issue of the Illinois Register.
27     (b) The proposed rule, amendment, or repealer or the
28 portion of the proposed rule, amendment, or repealer to which
29 the Joint Committee has issued a statement under subsection (a)
30 shall not be accepted for filing by the Secretary of State nor
31 take effect unless the statement is withdrawn or a joint
32 resolution is passed as provided in subsection (c) for at least

 

 

SB73 Enrolled - 2 - SDS093 00001 LMT 00001 b

1 180 days after receipt of the statement by the Secretary of
2 State. The agency may not enforce or invoke for any reason a
3 proposed rule, amendment, or repealer or any portion thereof
4 that is prohibited from being filed by this subsection during
5 this 180 day period.
6     (c) After The Joint Committee shall, as soon as practicable
7 after the issuance of a statement under subsection (a), any
8 member of the General Assembly may introduce in either house of
9 the General Assembly a joint resolution stating that the
10 General Assembly desires to discontinue continue the
11 prohibition against the proposed rule, amendment, or repealer
12 or the portion thereof to which the statement was issued being
13 filed and taking effect. The joint resolution shall,
14 immediately following its first reading, be placed on the
15 calendar for consideration in each house of the General
16 Assembly without reference to a standing committee. If the
17 joint resolution is not passed by both houses of the General
18 Assembly within the 180 days after receipt of the statement by
19 the Secretary of State or the statement is not withdrawn as
20 provided in subsection (a) day period provided in subsection
21 (b), the agency shall be prohibited from filing the proposed
22 rule, amendment, or repealer or the portion thereof and the
23 proposed rule, amendment, or repealer or the portion thereof
24 shall not take effect. The Secretary of State shall not accept
25 for filing the proposed rule, amendment, or repealer or the
26 portion thereof with respect to which the Joint Committee has
27 issued a statement under subsection (a) unless that statement
28 is withdrawn or a joint resolution is passed as provided in
29 this subsection. that the General Assembly has prohibited the
30 agency from filing as provided in this subsection. If the
31 180-day 180 day period provided in subsection (b) expires
32 before passage of the joint resolution, the agency may not file
33 the proposed rule, amendment, or repealer or the portion
34 thereof as adopted and it shall not take effect.
35     (d) If a statement is issued under this Section, then, in
36 response to an objection or suggestion of the Joint Committee,

 

 

SB73 Enrolled - 3 - SDS093 00001 LMT 00001 b

1 the agency may propose changes to the proposed rule, amendment,
2 or repealer or portion of a proposed rule, amendment, or
3 repealer. If the agency proposes changes, it must provide
4 additional notice to the Joint Committee under the same terms
5 and conditions and shall be subject to the same requirements
6 and limitations as those set forth for a second notice period
7 under subsection (c) of Section 5-40.
8 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
 
9     (5 ILCS 100/5-120)  (from Ch. 127, par. 1005-120)
10     Sec. 5-120. Responsibilities of the Joint Committee with
11 respect to emergency, peremptory, and other existing rules.
12     (a) The Joint Committee may examine any rule to determine
13 whether the rule is within the statutory authority upon which
14 it is based and whether the rule is in proper form.
15     (b) If the Joint Committee objects to a rule, it shall,
16 within 5 days of the objection, certify the fact to the
17 adopting agency and include within the certification a
18 statement of its specific objections.
19     (c) Within 90 days after receiving the certification, the
20 agency shall do one of the following:
21         (1) Notify the Joint Committee that it has elected to
22     amend the rule to meet the Joint Committee's objection.
23         (2) Notify the Joint Committee that it has elected to
24     repeal the rule.
25         (3) Notify the Joint Committee that it refuses to amend
26     or repeal the rule.
27     (d) If the agency elects to amend a rule to meet the Joint
28 Committee's objections, it shall notify the Joint Committee in
29 writing and shall initiate rulemaking procedures for that
30 purpose by giving notice as required by Section 5-35. The Joint
31 Committee shall give priority to rules so amended when setting
32 its agenda.
33     (e) If the agency elects to repeal a rule as a result of
34 the Joint Committee's objections, it shall notify the Joint
35 Committee in writing of its election and shall initiate

 

 

SB73 Enrolled - 4 - SDS093 00001 LMT 00001 b

1 rulemaking procedures for that purpose by giving notice as
2 required by Section 5-35.
3     (f) If the agency elects to amend or repeal a rule as a
4 result of the Joint Committee's objections, it shall complete
5 the process within 180 days after giving notice in the Illinois
6 Register.
7     (g) Failure of the agency to respond to the Joint
8 Committee's objections to a rule within the time prescribed in
9 subsection (c) shall constitute a refusal to amend or repeal
10 the rule.
11     (h) If an agency refuses to amend or repeal a rule to
12 remedy an objection stated by the Joint Committee, it shall
13 notify the Joint Committee in writing of its refusal and shall
14 submit a notice of refusal to the Secretary of State. The
15 notice shall be published in the next available issue of the
16 Illinois Register. If the Joint Committee, in response to an
17 agency refusal, decides to suspend the rule, then it may do so
18 pursuant to Section 5-125. recommend legislative action, then
19 the Joint Committee shall have drafted and introduced into
20 either house of the General Assembly appropriate legislation to
21 implement the recommendations of the Joint Committee.
22 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
 
23     (5 ILCS 100/5-125)  (from Ch. 127, par. 1005-125)
24     Sec. 5-125. Other Joint Committee action with respect to
25 emergency or peremptory rulemaking.
26     (a) If the Joint Committee determines that a rule or
27 portion of a rule adopted under Section 5-45 or 5-50 is
28 objectionable under any of the standards for the Joint
29 Committee's review specified in Section 5-100, 5-105, 5-110,
30 5-120, or 5-130 and constitutes a serious threat to the public
31 interest, safety, or welfare, the Joint Committee may issue a
32 statement to that effect. The statement may be issued by the
33 Joint Committee only upon the affirmative vote of three-fifths
34 of the members appointed to the Joint Committee. The Joint
35 Committee, however, may withdraw a statement within 180 days

 

 

SB73 Enrolled - 5 - SDS093 00001 LMT 00001 b

1 after it is issued upon the affirmative vote of a majority of
2 the members appointed to the Joint Committee. A certified copy
3 of each the statement and withdrawal shall be transmitted to
4 the affected agency and to the Secretary of State for
5 publication in the next available issue of the Illinois
6 Register. Within 30 days of transmittal of the statement to the
7 agency, the agency shall notify the Joint Committee in writing
8 whether it has elected to repeal or amend the rule. Failure of
9 the agency to notify the Joint Committee and Secretary of State
10 within 30 days constitutes a decision by the agency to not
11 repeal the rule.
12     (b) The effectiveness of the rule or the portion of a rule
13 shall be suspended immediately for at least 180 days upon
14 receipt of the certified statement by the Secretary of State.
15 The Secretary of State shall indicate the suspension
16 prominently and clearly on the face of the affected rule or the
17 portion of a rule filed in the Office of the Secretary of
18 State. Rules or portions of rules suspended under this
19 subsection shall not become effective again unless the
20 statement is withdrawn as provided in subsection (a) or unless
21 within upon the expiration of 180 days from receipt of the
22 statement by the Secretary of State, if the General Assembly
23 discontinues does not continue the suspension by joint
24 resolution under subsection (c). The agency may not enforce, or
25 invoke for any reason, a rule or portion of a rule that has
26 been suspended under this subsection. During the 180-day 180
27 day period, the agency may not file, nor may the Secretary of
28 State accept for filing, any rule that (i) has having
29 substantially the same purpose and effect as rules or portions
30 of rules suspended under this subsection or (ii) does not
31 substantially address the statement issued under subsection
32 (a), except as otherwise provided in this Section.
33     (c) After The Joint Committee shall, as soon as practicable
34 after the issuance of a statement under subsection (a), any
35 member of the General Assembly may introduce in cause to be
36 introduced in either house of the General Assembly a joint

 

 

SB73 Enrolled - 6 - SDS093 00001 LMT 00001 b

1 resolution stating that the General Assembly desires to
2 discontinue continue the suspension of effectiveness of a rule
3 or the portion of the rule to which the statement was issued.
4 The joint resolution shall immediately following its first
5 reading be placed on the calendar for consideration in each
6 house of the General Assembly without reference to a standing
7 committee. If the joint resolution is not passed by both houses
8 of the General Assembly within the 180-day 180 day period
9 provided in subsection (b) or the statement is not withdrawn,
10 the rule or the portion of the rule shall be considered
11 repealed and the Secretary of State shall immediately remove
12 the rule or portion of a rule from the collection of effective
13 rules.
14     (d) If a statement is issued under this Section, then, in
15 response to an objection or suggestion of the Joint Committee,
16 the agency may propose changes to the rule, amendment, or
17 repealer or portion of a rule, amendment, or repealer. If the
18 agency proposes changes, it must provide additional notice to
19 the Joint Committee under the same terms and conditions and
20 shall be subject to the same requirements and limitations as
21 those set forth for a second notice period under subsection (c)
22 of Section 5-40.
23 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
 
24     Section 10. The Illinois Procurement Code is amended by
25 changing Section 30-30 as follows:
 
26     (30 ILCS 500/30-30)
27     Sec. 30-30. Contracts in excess of $250,000. For building
28 construction contracts in excess of $250,000, separate
29 specifications shall be prepared for all equipment, labor, and
30 materials in connection with the following 5 subdivisions of
31 the work to be performed:
32         (1) plumbing;
33         (2) heating, piping, refrigeration, and automatic
34     temperature control systems, including the testing and

 

 

SB73 Enrolled - 7 - SDS093 00001 LMT 00001 b

1     balancing of those systems;
2         (3) ventilating and distribution systems for
3     conditioned air, including the testing and balancing of
4     those systems;
5         (4) electric wiring; and
6         (5) general contract work.
7     The specifications must be so drawn as to permit separate
8 and independent bidding upon each of the 5 subdivisions of
9 work. All contracts awarded for any part thereof shall award
10 the 5 subdivisions of work separately to responsible and
11 reliable persons, firms, or corporations engaged in these
12 classes of work. The contracts, at the discretion of the
13 construction agency, may be assigned to the successful bidder
14 on the general contract work or to the successful bidder on the
15 subdivision of work designated by the construction agency
16 before the bidding as the prime subdivision of work, provided
17 that all payments will be made directly to the contractors for
18 the 5 subdivisions of work upon compliance with the conditions
19 of the contract. A contract may be let for one or more
20 buildings in any project to the same contractor. The
21 specifications shall require, however, that unless the
22 buildings are identical, a separate price shall be submitted
23 for each building. The contract may be awarded to the lowest
24 responsible bidder for each or all of the buildings included in
25 the specifications.
26     Until a date 2 years after the effective date of this
27 amendatory Act of the 93rd General Assembly, the requirements
28 of this Section do not apply to the construction of an
29 Emergency Operations Center for the Illinois Emergency
30 Management Agency if (i) the majority of the funding for the
31 project is from federal funds, (ii) the bid of the successful
32 bidder identifies the name of the subcontractor, if any, and
33 the bid proposal costs for each of the 5 subdivisions of work
34 set forth in this Section, and (iii) the contract entered into
35 with the successful bidder provides that no identified
36 subcontractor may be terminated without the written consent of

 

 

SB73 Enrolled - 8 - SDS093 00001 LMT 00001 b

1 the Capital Development Board.
2 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.