Illinois General Assembly - Full Text of HB5535
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Full Text of HB5535  99th General Assembly

HB5535 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5535

 

Introduced , by Rep. Sheri L Jesiel

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/5-45  from Ch. 127, par. 1005-45
30 ILCS 500/45-46 new

    Amends the Illinois Procurement Code. Provides that the chief procurement officer may grant a qualifying location operator a small business development waiver and a workforce development waiver from certain requirements of the Illinois Procurement Code. Requires the chief procurement officer to adopt rules governing the procedures for granting small business development and workforce development waivers. Defines terms. Amends the Illinois Administrative Procedure Act, making conforming changes. Effective immediately.


LRB099 16257 HLH 40587 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5535LRB099 16257 HLH 40587 b

1    AN ACT concerning finance.
 
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 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice
17shall include the text of the emergency rule and shall be
18published in the Illinois Register. Consent orders or other
19court orders adopting settlements negotiated by an agency may
20be adopted under this Section. Subject to applicable
21constitutional or statutory provisions, an emergency rule
22becomes effective immediately upon filing under Section 5-65 or
23at a stated date less than 10 days thereafter. The agency's

 

 

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1finding and a statement of the specific reasons for the finding
2shall be filed with the rule. The agency shall take reasonable
3and appropriate measures to make emergency rules known to the
4persons who may be affected by them.
5    (c) An emergency rule may be effective for a period of not
6longer than 150 days, but the agency's authority to adopt an
7identical rule under Section 5-40 is not precluded. No
8emergency rule may be adopted more than once in any 24 month
9period, except that this limitation on the number of emergency
10rules that may be adopted in a 24 month period does not apply
11to (i) emergency rules that make additions to and deletions
12from the Drug Manual under Section 5-5.16 of the Illinois
13Public Aid Code or the generic drug formulary under Section
143.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
15emergency rules adopted by the Pollution Control Board before
16July 1, 1997 to implement portions of the Livestock Management
17Facilities Act, (iii) emergency rules adopted by the Illinois
18Department of Public Health under subsections (a) through (i)
19of Section 2 of the Department of Public Health Act when
20necessary to protect the public's health, (iv) emergency rules
21adopted pursuant to subsection (n) of this Section, (v)
22emergency rules adopted pursuant to subsection (o) of this
23Section, or (vi) emergency rules adopted pursuant to subsection
24(c-5) of this Section. Two or more emergency rules having
25substantially the same purpose and effect shall be deemed to be
26a single rule for purposes of this Section.

 

 

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1    (c-5) To facilitate the maintenance of the program of group
2health benefits provided to annuitants, survivors, and retired
3employees under the State Employees Group Insurance Act of
41971, rules to alter the contributions to be paid by the State,
5annuitants, survivors, retired employees, or any combination
6of those entities, for that program of group health benefits,
7shall be adopted as emergency rules. The adoption of those
8rules shall be considered an emergency and necessary for the
9public interest, safety, and welfare.
10    (d) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 1999 budget,
12emergency rules to implement any provision of Public Act 90-587
13or 90-588 or any other budget initiative for fiscal year 1999
14may be adopted in accordance with this Section by the agency
15charged with administering that provision or initiative,
16except that the 24-month limitation on the adoption of
17emergency rules and the provisions of Sections 5-115 and 5-125
18do not apply to rules adopted under this subsection (d). The
19adoption of emergency rules authorized by this subsection (d)
20shall be deemed to be necessary for the public interest,
21safety, and welfare.
22    (e) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2000 budget,
24emergency rules to implement any provision of Public Act 91-24
25this amendatory Act of the 91st General Assembly or any other
26budget initiative for fiscal year 2000 may be adopted in

 

 

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1accordance with this Section by the agency charged with
2administering that provision or initiative, except that the
324-month limitation on the adoption of emergency rules and the
4provisions of Sections 5-115 and 5-125 do not apply to rules
5adopted under this subsection (e). The adoption of emergency
6rules authorized by this subsection (e) shall be deemed to be
7necessary for the public interest, safety, and welfare.
8    (f) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2001 budget,
10emergency rules to implement any provision of Public Act 91-712
11this amendatory Act of the 91st General Assembly or any other
12budget initiative for fiscal year 2001 may be adopted in
13accordance with this Section by the agency charged with
14administering that provision or initiative, except that the
1524-month limitation on the adoption of emergency rules and the
16provisions of Sections 5-115 and 5-125 do not apply to rules
17adopted under this subsection (f). The adoption of emergency
18rules authorized by this subsection (f) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (g) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2002 budget,
22emergency rules to implement any provision of Public Act 92-10
23this amendatory Act of the 92nd General Assembly or any other
24budget initiative for fiscal year 2002 may be adopted in
25accordance with this Section by the agency charged with
26administering that provision or initiative, except that the

 

 

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124-month limitation on the adoption of emergency rules and the
2provisions of Sections 5-115 and 5-125 do not apply to rules
3adopted under this subsection (g). The adoption of emergency
4rules authorized by this subsection (g) shall be deemed to be
5necessary for the public interest, safety, and welfare.
6    (h) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2003 budget,
8emergency rules to implement any provision of Public Act 92-597
9this amendatory Act of the 92nd General Assembly or any other
10budget initiative for fiscal year 2003 may be adopted in
11accordance with this Section by the agency charged with
12administering that provision or initiative, except that the
1324-month limitation on the adoption of emergency rules and the
14provisions of Sections 5-115 and 5-125 do not apply to rules
15adopted under this subsection (h). The adoption of emergency
16rules authorized by this subsection (h) shall be deemed to be
17necessary for the public interest, safety, and welfare.
18    (i) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2004 budget,
20emergency rules to implement any provision of Public Act 93-20
21this amendatory Act of the 93rd General Assembly or any other
22budget initiative for fiscal year 2004 may be adopted in
23accordance with this Section by the agency charged with
24administering that provision or initiative, except that the
2524-month limitation on the adoption of emergency rules and the
26provisions of Sections 5-115 and 5-125 do not apply to rules

 

 

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1adopted under this subsection (i). The adoption of emergency
2rules authorized by this subsection (i) shall be deemed to be
3necessary for the public interest, safety, and welfare.
4    (j) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62005 budget as provided under the Fiscal Year 2005 Budget
7Implementation (Human Services) Act, emergency rules to
8implement any provision of the Fiscal Year 2005 Budget
9Implementation (Human Services) Act may be adopted in
10accordance with this Section by the agency charged with
11administering that provision, except that the 24-month
12limitation on the adoption of emergency rules and the
13provisions of Sections 5-115 and 5-125 do not apply to rules
14adopted under this subsection (j). The Department of Public Aid
15may also adopt rules under this subsection (j) necessary to
16administer the Illinois Public Aid Code and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (j) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (k) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222006 budget, emergency rules to implement any provision of
23Public Act 94-48 this amendatory Act of the 94th General
24Assembly or any other budget initiative for fiscal year 2006
25may be adopted in accordance with this Section by the agency
26charged with administering that provision or initiative,

 

 

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1except that the 24-month limitation on the adoption of
2emergency rules and the provisions of Sections 5-115 and 5-125
3do not apply to rules adopted under this subsection (k). The
4Department of Healthcare and Family Services may also adopt
5rules under this subsection (k) necessary to administer the
6Illinois Public Aid Code, the Senior Citizens and Persons with
7Disabilities Property Tax Relief Act, the Senior Citizens and
8Disabled Persons Prescription Drug Discount Program Act (now
9the Illinois Prescription Drug Discount Program Act), and the
10Children's Health Insurance Program Act. The adoption of
11emergency rules authorized by this subsection (k) shall be
12deemed to be necessary for the public interest, safety, and
13welfare.
14    (l) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162007 budget, the Department of Healthcare and Family Services
17may adopt emergency rules during fiscal year 2007, including
18rules effective July 1, 2007, in accordance with this
19subsection to the extent necessary to administer the
20Department's responsibilities with respect to amendments to
21the State plans and Illinois waivers approved by the federal
22Centers for Medicare and Medicaid Services necessitated by the
23requirements of Title XIX and Title XXI of the federal Social
24Security Act. The adoption of emergency rules authorized by
25this subsection (l) shall be deemed to be necessary for the
26public interest, safety, and welfare.

 

 

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1    (m) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32008 budget, the Department of Healthcare and Family Services
4may adopt emergency rules during fiscal year 2008, including
5rules effective July 1, 2008, in accordance with this
6subsection to the extent necessary to administer the
7Department's responsibilities with respect to amendments to
8the State plans and Illinois waivers approved by the federal
9Centers for Medicare and Medicaid Services necessitated by the
10requirements of Title XIX and Title XXI of the federal Social
11Security Act. The adoption of emergency rules authorized by
12this subsection (m) shall be deemed to be necessary for the
13public interest, safety, and welfare.
14    (n) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162010 budget, emergency rules to implement any provision of
17Public Act 96-45 this amendatory Act of the 96th General
18Assembly or any other budget initiative authorized by the 96th
19General Assembly for fiscal year 2010 may be adopted in
20accordance with this Section by the agency charged with
21administering that provision or initiative. The adoption of
22emergency rules authorized by this subsection (n) shall be
23deemed to be necessary for the public interest, safety, and
24welfare. The rulemaking authority granted in this subsection
25(n) shall apply only to rules promulgated during Fiscal Year
262010.

 

 

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1    (o) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32011 budget, emergency rules to implement any provision of
4Public Act 96-958 this amendatory Act of the 96th General
5Assembly or any other budget initiative authorized by the 96th
6General Assembly for fiscal year 2011 may be adopted in
7accordance with this Section by the agency charged with
8administering that provision or initiative. The adoption of
9emergency rules authorized by this subsection (o) is deemed to
10be necessary for the public interest, safety, and welfare. The
11rulemaking authority granted in this subsection (o) applies
12only to rules promulgated on or after the effective date of
13Public Act 96-958 this amendatory Act of the 96th General
14Assembly through June 30, 2011.
15    (p) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 97-689,
17emergency rules to implement any provision of Public Act 97-689
18may be adopted in accordance with this subsection (p) by the
19agency charged with administering that provision or
20initiative. The 150-day limitation of the effective period of
21emergency rules does not apply to rules adopted under this
22subsection (p), and the effective period may continue through
23June 30, 2013. The 24-month limitation on the adoption of
24emergency rules does not apply to rules adopted under this
25subsection (p). The adoption of emergency rules authorized by
26this subsection (p) is deemed to be necessary for the public

 

 

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

 

 

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1the Illinois Public Aid Code, emergency rules to implement any
2provision of Section 5-5b.1 or Section 5A-2 of the Illinois
3Public Aid Code may be adopted in accordance with this
4subsection (s) by the Department of Healthcare and Family
5Services. The rulemaking authority granted in this subsection
6(s) shall apply only to those rules adopted prior to July 1,
72015. Notwithstanding any other provision of this Section, any
8emergency rule adopted under this subsection (s) shall only
9apply to payments made for State fiscal year 2015. The adoption
10of emergency rules authorized by this subsection (s) is deemed
11to be necessary for the public interest, safety, and welfare.
12    (t) In order to provide for the expeditious and timely
13implementation of the provisions of Article II of Public Act
1499-6 this amendatory Act of the 99th General Assembly,
15emergency rules to implement the changes made by Article II of
16Public Act 99-6 this amendatory Act of the 99th General
17Assembly to the Emergency Telephone System Act may be adopted
18in accordance with this subsection (t) by the Department of
19State Police. The rulemaking authority granted in this
20subsection (t) shall apply only to those rules adopted prior to
21July 1, 2016. The 24-month limitation on the adoption of
22emergency rules does not apply to rules adopted under this
23subsection (t). The adoption of emergency rules authorized by
24this subsection (t) is deemed to be necessary for the public
25interest, safety, and welfare.
26    (u) (t) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the Burn Victims Relief
2Act, emergency rules to implement any provision of the Act may
3be adopted in accordance with this subsection (u) (t) by the
4Department of Insurance. The rulemaking authority granted in
5this subsection (u) (t) shall apply only to those rules adopted
6prior to December 31, 2015. The adoption of emergency rules
7authorized by this subsection (u) (t) is deemed to be necessary
8for the public interest, safety, and welfare.
9    (v) In order to provide for the expeditious and timely
10implementation of the provisions of this amendatory Act of the
1199th General Assembly: rules to implement Section 45-46 of the
12Illinois Procurement Code may be adopted by the chief
13procurement officer or chief procurement officers indicated in
14subsection (c) of Section 45-46 of the Illinois Procurement
15Code. The adoption of emergency rules authorized by this
16subsection (t) shall be deemed to be necessary for the public
17interest, safety, and welfare.
18(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
1998-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
2099-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised 10-15-15.)
 
21    Section 10. The Illinois Procurement Code is amended by
22adding Section 45-46 as follows:
 
23    (30 ILCS 500/45-46 new)
24    Sec. 45-46. Small business and workforce development

 

 

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1waivers.
2    (a) Definitions. As used in this Section:
3    "Qualifying location" means a particular property or
4facility, or part thereof, owned by or under the control of a
5State agency that is either leased to a private party, or
6subject to a management or operating agreement with a private
7party.
8    "Qualifying location operator" means a State agency that
9owns or controls a qualifying location, or a private party who
10has leased or who has an operating agreement at a qualifying
11location.
12    (b) A qualifying location operator may seek a small
13business development waiver from the requirements of Section
1445-45 of this Code for operations at a qualifying location as
15provided for in subsection (d) of this Section.
16    (c) A qualifying location operator may seek a workforce
17development waiver from the requirements of subsection (6) of
18Section 30-22 of this Code for operations at a qualifying
19location as provided for in subsection (d) of this Section.
20    (d) The chief procurement officer or chief procurement
21officers appointed under Section 10-20 of this Code having
22jurisdiction over the operations of a qualifying location
23operator may grant a small business development waiver
24exempting a qualifying location operator from the requirements
25of Section 45-45 of this Code, or a workforce development
26waiver exempting a qualifying location operator from the

 

 

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1requirements of subsection (6) of Section 30-22 of this Code
2for operations at a qualifying location where the chief
3procurement officer or chief procurement officers determine
4that the operations at the qualifying location: are effectively
5competing with other private sector entities, and are subject
6to private sector market pressures. A qualifying location
7operator may seek and is eligible to receive both a small
8business development waiver and a workforce development
9waiver.
10    The chief procurement officer or chief procurement
11officers shall adopt rules to implement the provisions of this
12Section. In order to fulfill the purposes of this Section, the
13chief procurement officer or chief procurement officers may
14adopt emergency rules as provided for under subsection (t) of
15Section 5-45 of the Illinois Administrative Procedure Act.
16    (e) A small business development waiver or a workforce
17development waiver granted under this Section shall be made in
18writing and shall be granted for the duration of the qualifying
19location operator's lease or operating agreement.
20    (f) A small business development waiver or a workforce
21development waiver granted under this Section may be revoked by
22the chief procurement officer or chief procurement officers if
23the qualifying location operator no longer meets the
24requirements for receiving a small business development waiver
25or a workforce development waiver under this Section.
26Revocation of the small business development waiver or a

 

 

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1workforce development waiver may only be made after giving
2notice and providing the qualifying location operator with an
3opportunity to be heard before a neutral arbitrator, as the
4chief procurement officer or chief procurement officers shall
5by rule provide.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.