Full Text of HB3128 99th General Assembly
HB3128ham001 99TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 4/16/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3128
| 2 | | AMENDMENT NO. ______. Amend House Bill 3128 by inserting | 3 | | below line 3 the following:
| 4 | | "Section 3. The Illinois Administrative Procedure Act is | 5 | | amended by changing Sections 1-20 and 1-70 as follows: | 6 | | (5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
| 7 | | Sec. 1-20. "Agency" means each officer, board, commission, | 8 | | and agency
created by the Constitution, whether in the | 9 | | executive, legislative, or
judicial branch of State | 10 | | government, but other than the circuit court; each
officer, | 11 | | department, board, commission, agency, institution, authority,
| 12 | | university, and body politic and corporate of the State; each
| 13 | | administrative unit or corporate outgrowth of the State | 14 | | government that is
created by or pursuant to statute, other | 15 | | than units of local government and
their officers, school | 16 | | districts, and boards of election commissioners; and
each |
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| 1 | | administrative unit or corporate outgrowth of the above and as | 2 | | may be
created by executive order of the Governor. "Agency", | 3 | | however, does not
include the following:
| 4 | | (1) The House of Representatives and Senate and their | 5 | | respective
standing and service committees, including | 6 | | without limitation the
Board of the Office of the Architect | 7 | | of the Capitol and the Architect of the
Capitol established | 8 | | under
the Legislative Commission Reorganization Act of | 9 | | 1984.
| 10 | | (2) The Governor , except with respect to | 11 | | intergovernmental agreements .
| 12 | | (3) The justices and judges of the Supreme and | 13 | | Appellate Courts.
| 14 | | (4) The Legislative Ethics Commission.
| 15 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 16 | | (5 ILCS 100/1-70) (from Ch. 127, par. 1001-70)
| 17 | | Sec. 1-70.
"Rule" means each agency statement of general | 18 | | applicability
that implements, applies, interprets, or | 19 | | prescribes law or policy, but does
not include (i) statements | 20 | | concerning only the internal management of an
agency and not | 21 | | affecting private rights or procedures available to persons
or | 22 | | entities outside the agency, (ii) informal advisory rulings | 23 | | issued under
Section 5-150, (iii) intra-agency memoranda, (iv) | 24 | | the prescription of
standardized forms, (v) documents prepared | 25 | | or filed or actions taken
by the Legislative Reference Bureau |
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| 1 | | under Section 5.04 of the Legislative
Reference Bureau Act, or | 2 | | (vi) guidance documents prepared by the Illinois Environmental | 3 | | Protection Agency under Section 39.5 or subsection (s) of | 4 | | Section 39 of the Environmental Protection Act. "Rule" also | 5 | | includes the exclusive means by which a State agency may enter | 6 | | into or implement an intergovernmental agreement as provided in | 7 | | Section 3 of the Intergovernmental Cooperation Act.
| 8 | | (Source: P.A. 97-95, eff. 7-12-11; 97-1081, eff. 8-24-12.)
| 9 | | Section 10. The Intergovernmental Cooperation Act is | 10 | | amended by changing Section 3 as follows:
| 11 | | (5 ILCS 220/3) (from Ch. 127, par. 743)
| 12 | | Sec. 3. Intergovernmental cooperation. | 13 | | (a) Any power or powers, privileges, functions, or | 14 | | authority exercised or which
may be
exercised by a public | 15 | | agency of this State may be exercised, combined,
transferred, | 16 | | and enjoyed
jointly with any other public agency of this State | 17 | | and jointly with any
public agency of any other state or of the | 18 | | United States to the extent that
laws of such other state or of | 19 | | the United States do not prohibit joint
exercise or enjoyment | 20 | | and except where specifically and expressly prohibited
by law.
| 21 | | This includes, but is not limited to, (i) arrangements between | 22 | | the Illinois
Student Assistance Commission and agencies in | 23 | | other states which issue
professional licenses and (ii) | 24 | | agreements between the Department of Healthcare and Family |
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| 1 | | Services (formerly
Illinois Department of
Public Aid) and | 2 | | public agencies for the establishment and enforcement of child
| 3 | | support orders and for the exchange of information that may be | 4 | | necessary for
the enforcement of those child support orders.
| 5 | | (b) The exclusive means by which a State agency, as defined | 6 | | in Section 1-20 of the Illinois Administrative Procedure Act, | 7 | | may enter into or implement an intergovernmental agreement with | 8 | | another State agency is by the prior adoption of rules in | 9 | | accordance with the Illinois Administrative Procedure Act. Two | 10 | | or more State agencies that wish to participate in the same | 11 | | intergovernmental agreement may do so by adopting joint rules | 12 | | in accordance with the Illinois Administrative Procedure Act. | 13 | | The rules must include, at a minimum, the actual terms and | 14 | | conditions of the specific intergovernmental agreement that is | 15 | | contemplated by the State agency or agencies. | 16 | | Within 6 months after the effective date of this amendatory | 17 | | Act of the 99th General Assembly, each State agency must file, | 18 | | with the Legislative Audit Commission, a copy of each | 19 | | intergovernmental agreement entered into by that agency, or any | 20 | | of its predecessor agencies, with another State agency prior to | 21 | | the effective date of this amendatory Act of the 99th General | 22 | | Assembly that was not fully performed by all parties before | 23 | | that effective date.
| 24 | | (c) Notwithstanding any other provision of law, no State | 25 | | agency, as defined in Section 1-20 of the Illinois | 26 | | Administrative Procedure Act, may enter into an |
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| 1 | | intergovernmental agreement with another State agency that | 2 | | authorizes sharing of appropriation line items unless that | 3 | | agreement is approved by a joint resolution of the General | 4 | | Assembly. | 5 | | (Source: P.A. 95-331, eff. 8-21-07.)".
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