Full Text of SB0323 99th General Assembly
SB0323sam001 99TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/5/2016
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| 1 | | AMENDMENT TO SENATE BILL 323
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 323 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by changing Sections 5-10, 5-40, 5-45, 5-50, and 5-60 | 6 | | as follows:
| 7 | | (5 ILCS 100/5-10) (from Ch. 127, par. 1005-10)
| 8 | | Sec. 5-10. Adoption and availability of rules.
| 9 | | (a) In addition to other rulemaking requirements imposed by | 10 | | law, each
agency shall (i) adopt rules of practice setting | 11 | | forth the nature and
requirements of all formal hearings and | 12 | | (ii) make available for public
inspection all rules adopted by | 13 | | the agency in the discharge of its functions.
| 14 | | (b) Each agency shall make available for public inspection , | 15 | | in a prominent place on the home page of its Internet website, | 16 | | all rulemaking procedures, including first notice of intended |
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| 1 | | action including dates and times of any public hearings during | 2 | | the first notice period, second notice of intended action, | 3 | | including the second notice document submitted to the Joint | 4 | | Committee on Administrative Rules, as described in Section | 5 | | 220.600 of Part 220 of Title 1 of the Illinois Administrative | 6 | | Code, emergency rulemaking, peremptory rulemaking, regulatory | 7 | | agenda, dates of Joint Committee on Administrative Rules | 8 | | meetings related to rulemaking, and all final
orders, | 9 | | decisions, and opinions, and documents related to federal | 10 | | regulatory procedures, except those deemed confidential by | 11 | | State
or federal statute and any trade secrets.
| 12 | | (c) No agency rule is valid or effective against any person | 13 | | or party,
nor may it be invoked by the agency for any purpose, | 14 | | until it has been
made available for public inspection and | 15 | | filed with the Secretary of State
as required by this Act. No | 16 | | agency, however, shall assert the invalidity
of a rule that it | 17 | | has adopted under this Act when an opposing party has
relied | 18 | | upon the rule.
| 19 | | (d) Rulemaking that creates or expands a State mandate on | 20 | | units of
local government, school districts, or community | 21 | | college districts is subject
to the State Mandates Act. The | 22 | | required Statement of Statewide Policy
Objectives shall be | 23 | | published in the Illinois Register at the same time
that the | 24 | | first notice under Section 5-40 is published or when the rule | 25 | | is
published under Section 5-45 or 5-50.
| 26 | | (Source: P.A. 87-823.)
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| 1 | | (5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
| 2 | | Sec. 5-40. General rulemaking.
| 3 | | (a) In all rulemaking to which Sections 5-45 and 5-50 do | 4 | | not apply, each
agency shall comply with this Section.
| 5 | | (b) Each agency shall give at least 45 days' notice of its | 6 | | intended action
to the general public. This first notice period | 7 | | shall commence on
the first day the notice appears in the | 8 | | Illinois Register. The notice shall simultaneously be posted on | 9 | | the agency's Internet website and include a link to the | 10 | | Illinois Register notice. The first
notice shall include all | 11 | | the following:
| 12 | | (1) The text of the proposed rule, the old and new | 13 | | materials of a
proposed amendment, or the text of the | 14 | | provision to be repealed , together with the justification | 15 | | and rationale for the proposed rulemaking .
| 16 | | (2) The specific statutory citation upon which the | 17 | | proposed rule, the
proposed amendment to a rule, or the | 18 | | proposed repeal of a rule is based and
by which it is | 19 | | authorized.
| 20 | | (3) A complete description of the subjects and issues | 21 | | involved.
| 22 | | (3.5) A descriptive title or other description of any | 23 | | published study or
research
report used in developing the | 24 | | rule, the identity of the person who performed
such study, | 25 | | and a description of where the public may obtain a copy of |
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| 1 | | any such
study or research report. If the study was | 2 | | performed by an agency or by a
person or entity that | 3 | | contracted with the agency for the performance of the
| 4 | | study, the agency shall also make copies of the underlying | 5 | | data available to
members of the public upon request if the | 6 | | data are not protected from
disclosure under
the Freedom of | 7 | | Information Act.
| 8 | | (4) For all proposed rules and proposed amendments to | 9 | | rules, an initial
regulatory flexibility analysis | 10 | | containing a description of the types of
small businesses | 11 | | subject to the rule; a brief description of the proposed
| 12 | | reporting, bookkeeping, and other procedures required for | 13 | | compliance with
the rule; and a description of the types of | 14 | | professional skills necessary
for compliance.
| 15 | | (5) The time, place, and manner in which interested | 16 | | persons
may present their views and comments concerning the | 17 | | proposed rulemaking.
| 18 | | During the first notice period, the agency shall accept | 19 | | from any interested
persons data, views, arguments, or | 20 | | comments. These may , in the discretion of
the agency, be | 21 | | submitted either orally , or in writing submitted by U.S. mail, | 22 | | or other delivery means, including facsimile or electronic form | 23 | | or both . The notice
published in the Illinois Register shall | 24 | | indicate the manner selected by the
agency for the submissions. | 25 | | The agency shall consider all submissions
received and post | 26 | | those submissions on its Internet website, along with a list of |
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| 1 | | all individuals or organizations making submissions, unless | 2 | | those individuals or organizations request anonymity .
| 3 | | The agency shall hold a public hearing on the proposed | 4 | | rulemaking during
the first notice period if (i) during the | 5 | | first notice period, the
agency finds that a public hearing
| 6 | | would facilitate the submission of views and comments that | 7 | | might not
otherwise be submitted or (ii) the agency receives a | 8 | | request , in any manner allowed for the submission of data, | 9 | | views, arguments, or comments under this subsection (b), for a | 10 | | public
hearing, within the first 14 days after publication of | 11 | | the notice of
proposed rulemaking in the Illinois Register, | 12 | | from 25 interested persons,
an association representing at | 13 | | least 100 interested persons, the Governor,
the Joint Committee | 14 | | on Administrative Rules, or a unit of local government
that may | 15 | | be affected. The agency shall post and update on its Internet | 16 | | website information about the public hearing, including the | 17 | | date and time of the hearing. If a public hearing has not been | 18 | | scheduled, instructions on how to request a public hearing | 19 | | shall be posted on the agency's Internet website. At the public | 20 | | hearing, the agency shall allow
interested persons to present | 21 | | views and comments on the proposed
rulemaking. A public hearing | 22 | | in response to a request for a hearing may
not be held less | 23 | | than 20 days after the publication of the notice of
proposed | 24 | | rulemaking in the Illinois Register unless notice of the public
| 25 | | hearing is included in the notice of proposed rulemaking. A | 26 | | public hearing
on proposed rulemaking may not be held less than |
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| 1 | | 5 days before submission
of the notice required under | 2 | | subsection (c) of this Section to the Joint
Committee on | 3 | | Administrative Rules. Each agency may prescribe reasonable
| 4 | | rules for the conduct of public hearings on proposed rulemaking | 5 | | to prevent
undue repetition at the hearings. The hearings must | 6 | | be open to the public
and recorded by stenographic or | 7 | | mechanical means.
At least one agency representative shall be | 8 | | present during the hearing who
is qualified to respond to | 9 | | general questions from the public regarding the
agency's | 10 | | proposal and the rulemaking process.
| 11 | | (c) Each agency shall provide additional notice of the | 12 | | proposed rulemaking
to the Joint Committee on Administrative | 13 | | Rules. The period commencing on
the day written notice is | 14 | | received by the Joint Committee shall be known as
the second | 15 | | notice period and shall expire 45 days thereafter unless before
| 16 | | that time the agency and the Joint Committee have agreed to | 17 | | extend the
second notice period beyond 45 days for a period not | 18 | | to exceed an
additional 45 days or unless the agency has | 19 | | received a statement of
objection from the Joint Committee or | 20 | | notification from the Joint Committee
that no objection will be | 21 | | issued. The written notice to the Joint
Committee shall include | 22 | | (i) the text and location of any changes made to
the proposed | 23 | | rulemaking during the first notice period in a form prescribed
| 24 | | by the Joint Committee; (ii) for all
proposed rules and | 25 | | proposed amendments to rules, a final regulatory
flexibility | 26 | | analysis containing a summary of issues raised by small
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| 1 | | businesses during the first notice period and a description of | 2 | | actions
taken on any alternatives to the proposed rule | 3 | | suggested by small
businesses during the first notice period, | 4 | | including reasons for rejecting
any alternatives not utilized; | 5 | | and (iii) if a written request has been made
by the Joint | 6 | | Committee within 30 days after initial notice appears in the
| 7 | | Illinois Register under subsection (b) of this Section, an | 8 | | analysis of the
economic and budgetary effects of the proposed | 9 | | rulemaking. The written notice submitted by an agency to the | 10 | | Joint Committee shall be published in its entirety on the | 11 | | Internet website of the agency and shall include the date when | 12 | | the written notice was received by the Joint Committee. The | 13 | | Joint Committee shall specify the time period and manner in | 14 | | which it will accept data, views, arguments, or comments, | 15 | | including accepting submissions via electronic format during | 16 | | the second notice period. After
commencement of the second | 17 | | notice period, no substantive change may be made
to a proposed | 18 | | rulemaking unless it is made in response to an objection or
| 19 | | suggestion of the Joint Committee. The agency shall post on its | 20 | | Internet website changes to the proposed rule, if any, that | 21 | | have been made during the second notice period in a way that | 22 | | clearly tracks changes to identify any language differences | 23 | | between the first and second notice period. The agency shall | 24 | | also send a copy of
the final regulatory flexibility analysis | 25 | | to each small business that has
presented views or comments on | 26 | | the proposed rulemaking during the first
notice period and to |
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| 1 | | any other interested person who requests a copy. The
agency may | 2 | | charge a reasonable fee for providing the copies to cover | 3 | | postage
and handling costs. Each agency shall post on its | 4 | | Internet website the dates and times of all Joint Committee | 5 | | meetings that pertain to that agency's rulemaking.
| 6 | | (d) After the expiration of the second notice period, after | 7 | | notification
from the Joint Committee that no objection will be | 8 | | issued, or after a
response by the agency to a statement of | 9 | | objections issued by the Joint
Committee, whichever is | 10 | | applicable, the agency shall file, under Section
5-65, a | 11 | | certified copy of each rule, modification, or repeal of any | 12 | | rule
adopted by it. The copy shall be published in the Illinois | 13 | | Register and a link to the copy on the Illinois Register | 14 | | Internet website shall be simultaneously posted on the agency's | 15 | | Internet website. In the event that the Joint Committee issues | 16 | | a statement of objection to the agency, the agency shall post | 17 | | on its Internet website the statement of objection and the | 18 | | agency's responses to the objection . Each
rule hereafter | 19 | | adopted under this Section is effective upon filing unless a
| 20 | | later effective date is required by statute or is specified in | 21 | | the
rulemaking. Each agency shall maintain for a period of 5 | 22 | | years, in an accessible place on its Internet website, all | 23 | | information posted during first and second notice periods, | 24 | | including the final rule.
| 25 | | (e) No rule or modification or repeal of any rule may be | 26 | | adopted, or filed
with the Secretary of State, more than one |
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| 1 | | year after the date the first
notice period for the rulemaking | 2 | | under subsection (b) commenced. Any
period during which the | 3 | | rulemaking is prohibited from being filed under
Section 5-115 | 4 | | shall not be considered in calculating this one-year time | 5 | | period.
| 6 | | (Source: P.A. 92-330, eff. 1-1-02 .)
| 7 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 8 | | Sec. 5-45. Emergency rulemaking. | 9 | | (a) "Emergency" means the existence of any situation that | 10 | | any agency
finds reasonably constitutes a threat to the public | 11 | | interest, safety, or
welfare. | 12 | | (b) If any agency finds that an
emergency exists that | 13 | | requires adoption of a rule upon fewer days than
is required by | 14 | | Section 5-40 and states in writing its reasons for that
| 15 | | finding, the agency may adopt an emergency rule without prior | 16 | | notice or
hearing upon filing a notice of emergency rulemaking | 17 | | with the Secretary of
State under Section 5-70. The notice | 18 | | shall include the text of the
emergency rule and shall be | 19 | | published in the Illinois Register. The notice shall | 20 | | simultaneously be posted on the agency's Internet website and | 21 | | include a link to the notice posted on the Illinois Register | 22 | | Internet website. Consent
orders or other court orders adopting | 23 | | settlements negotiated by an agency
may be adopted under this | 24 | | Section. Subject to applicable constitutional or
statutory | 25 | | provisions, an emergency rule becomes effective immediately |
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| 1 | | upon
filing under Section 5-65 or at a stated date less than 10 | 2 | | days
thereafter. The agency's finding and a statement of the | 3 | | specific reasons
for the finding shall be filed with the rule. | 4 | | The agency shall take
reasonable and appropriate measures to | 5 | | make emergency rules known to the
persons who may be affected | 6 | | by them. | 7 | | (c) An emergency rule may be effective for a period of not | 8 | | longer than
150 days, but the agency's authority to adopt an | 9 | | identical rule under Section
5-40 is not precluded. No | 10 | | emergency rule may be adopted more
than once in any 24 month | 11 | | period, except that this limitation on the number
of emergency | 12 | | rules that may be adopted in a 24 month period does not apply
| 13 | | to (i) emergency rules that make additions to and deletions | 14 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 15 | | Public Aid Code or the
generic drug formulary under Section | 16 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 17 | | emergency rules adopted by the Pollution Control
Board before | 18 | | July 1, 1997 to implement portions of the Livestock Management
| 19 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 20 | | Department of Public Health under subsections (a) through (i) | 21 | | of Section 2 of the Department of Public Health Act when | 22 | | necessary to protect the public's health, (iv) emergency rules | 23 | | adopted pursuant to subsection (n) of this Section, (v) | 24 | | emergency rules adopted pursuant to subsection (o) of this | 25 | | Section, or (vi) emergency rules adopted pursuant to subsection | 26 | | (c-5) of this Section. Two or more emergency rules having |
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| 1 | | substantially the same
purpose and effect shall be deemed to be | 2 | | a single rule for purposes of this
Section. | 3 | | (c-5) To facilitate the maintenance of the program of group | 4 | | health benefits provided to annuitants, survivors, and retired | 5 | | employees under the State Employees Group Insurance Act of | 6 | | 1971, rules to alter the contributions to be paid by the State, | 7 | | annuitants, survivors, retired employees, or any combination | 8 | | of those entities, for that program of group health benefits, | 9 | | shall be adopted as emergency rules. The adoption of those | 10 | | rules shall be considered an emergency and necessary for the | 11 | | public interest, safety, and welfare. | 12 | | (d) In order to provide for the expeditious and timely | 13 | | implementation
of the State's fiscal year 1999 budget, | 14 | | emergency rules to implement any
provision of Public Act 90-587 | 15 | | or 90-588
or any other budget initiative for fiscal year 1999 | 16 | | may be adopted in
accordance with this Section by the agency | 17 | | charged with administering that
provision or initiative, | 18 | | except that the 24-month limitation on the adoption
of | 19 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 20 | | do not apply
to rules adopted under this subsection (d). The | 21 | | adoption of emergency rules
authorized by this subsection (d) | 22 | | shall be deemed to be necessary for the
public interest, | 23 | | safety, and welfare. | 24 | | (e) In order to provide for the expeditious and timely | 25 | | implementation
of the State's fiscal year 2000 budget, | 26 | | emergency rules to implement any
provision of Public Act 91-24 |
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| 1 | | this amendatory Act of the 91st General Assembly
or any other | 2 | | budget initiative for fiscal year 2000 may be adopted in
| 3 | | accordance with this Section by the agency charged with | 4 | | administering that
provision or initiative, except that the | 5 | | 24-month limitation on the adoption
of emergency rules and the | 6 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 7 | | adopted under this subsection (e). The adoption of emergency | 8 | | rules
authorized by this subsection (e) shall be deemed to be | 9 | | necessary for the
public interest, safety, and welfare. | 10 | | (f) In order to provide for the expeditious and timely | 11 | | implementation
of the State's fiscal year 2001 budget, | 12 | | emergency rules to implement any
provision of Public Act 91-712 | 13 | | this amendatory Act of the 91st General Assembly
or any other | 14 | | budget initiative for fiscal year 2001 may be adopted in
| 15 | | accordance with this Section by the agency charged with | 16 | | administering that
provision or initiative, except that the | 17 | | 24-month limitation on the adoption
of emergency rules and the | 18 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 19 | | adopted under this subsection (f). The adoption of emergency | 20 | | rules
authorized by this subsection (f) shall be deemed to be | 21 | | necessary for the
public interest, safety, and welfare. | 22 | | (g) In order to provide for the expeditious and timely | 23 | | implementation
of the State's fiscal year 2002 budget, | 24 | | emergency rules to implement any
provision of Public Act 92-10 | 25 | | this amendatory Act of the 92nd General Assembly
or any other | 26 | | budget initiative for fiscal year 2002 may be adopted in
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| 1 | | accordance with this Section by the agency charged with | 2 | | administering that
provision or initiative, except that the | 3 | | 24-month limitation on the adoption
of emergency rules and the | 4 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 5 | | adopted under this subsection (g). The adoption of emergency | 6 | | rules
authorized by this subsection (g) shall be deemed to be | 7 | | necessary for the
public interest, safety, and welfare. | 8 | | (h) In order to provide for the expeditious and timely | 9 | | implementation
of the State's fiscal year 2003 budget, | 10 | | emergency rules to implement any
provision of Public Act 92-597 | 11 | | this amendatory Act of the 92nd General Assembly
or any other | 12 | | budget initiative for fiscal year 2003 may be adopted in
| 13 | | accordance with this Section by the agency charged with | 14 | | administering that
provision or initiative, except that the | 15 | | 24-month limitation on the adoption
of emergency rules and the | 16 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 17 | | adopted under this subsection (h). The adoption of emergency | 18 | | rules
authorized by this subsection (h) shall be deemed to be | 19 | | necessary for the
public interest, safety, and welfare. | 20 | | (i) In order to provide for the expeditious and timely | 21 | | implementation
of the State's fiscal year 2004 budget, | 22 | | emergency rules to implement any
provision of Public Act 93-20 | 23 | | this amendatory Act of the 93rd General Assembly
or any other | 24 | | budget initiative for fiscal year 2004 may be adopted in
| 25 | | accordance with this Section by the agency charged with | 26 | | administering that
provision or initiative, except that the |
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| 1 | | 24-month limitation on the adoption
of emergency rules and the | 2 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 3 | | adopted under this subsection (i). The adoption of emergency | 4 | | rules
authorized by this subsection (i) shall be deemed to be | 5 | | necessary for the
public interest, safety, and welfare. | 6 | | (j) In order to provide for the expeditious and timely | 7 | | implementation of the provisions of the State's fiscal year | 8 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 9 | | Implementation (Human Services) Act, emergency rules to | 10 | | implement any provision of the Fiscal Year 2005 Budget | 11 | | Implementation (Human Services) Act may be adopted in | 12 | | accordance with this Section by the agency charged with | 13 | | administering that provision, except that the 24-month | 14 | | limitation on the adoption of emergency rules and the | 15 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 16 | | adopted under this subsection (j). The Department of Public Aid | 17 | | may also adopt rules under this subsection (j) necessary to | 18 | | administer the Illinois Public Aid Code and the Children's | 19 | | Health Insurance Program Act. The adoption of emergency rules | 20 | | authorized by this subsection (j) shall be deemed to be | 21 | | necessary for the public interest, safety, and welfare.
| 22 | | (k) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the State's fiscal year | 24 | | 2006 budget, emergency rules to implement any provision of | 25 | | Public Act 94-48 this amendatory Act of the 94th General | 26 | | Assembly or any other budget initiative for fiscal year 2006 |
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| 1 | | may be adopted in accordance with this Section by the agency | 2 | | charged with administering that provision or initiative, | 3 | | except that the 24-month limitation on the adoption of | 4 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 5 | | do not apply to rules adopted under this subsection (k). The | 6 | | Department of Healthcare and Family Services may also adopt | 7 | | rules under this subsection (k) necessary to administer the | 8 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 9 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 10 | | Disabled Persons Prescription Drug Discount Program Act (now | 11 | | the Illinois Prescription Drug Discount Program Act), and the | 12 | | Children's Health Insurance Program Act. The adoption of | 13 | | emergency rules authorized by this subsection (k) shall be | 14 | | deemed to be necessary for the public interest, safety, and | 15 | | welfare.
| 16 | | (l) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of the
State's fiscal year | 18 | | 2007 budget, the Department of Healthcare and Family Services | 19 | | may adopt emergency rules during fiscal year 2007, including | 20 | | rules effective July 1, 2007, in
accordance with this | 21 | | subsection to the extent necessary to administer the | 22 | | Department's responsibilities with respect to amendments to | 23 | | the State plans and Illinois waivers approved by the federal | 24 | | Centers for Medicare and Medicaid Services necessitated by the | 25 | | requirements of Title XIX and Title XXI of the federal Social | 26 | | Security Act. The adoption of emergency rules
authorized by |
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| 1 | | this subsection (l) shall be deemed to be necessary for the | 2 | | public interest,
safety, and welfare.
| 3 | | (m) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of the
State's fiscal year | 5 | | 2008 budget, the Department of Healthcare and Family Services | 6 | | may adopt emergency rules during fiscal year 2008, including | 7 | | rules effective July 1, 2008, in
accordance with this | 8 | | subsection to the extent necessary to administer the | 9 | | Department's responsibilities with respect to amendments to | 10 | | the State plans and Illinois waivers approved by the federal | 11 | | Centers for Medicare and Medicaid Services necessitated by the | 12 | | requirements of Title XIX and Title XXI of the federal Social | 13 | | Security Act. The adoption of emergency rules
authorized by | 14 | | this subsection (m) shall be deemed to be necessary for the | 15 | | public interest,
safety, and welfare.
| 16 | | (n) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of the State's fiscal year | 18 | | 2010 budget, emergency rules to implement any provision of | 19 | | Public Act 96-45 this amendatory Act of the 96th General | 20 | | Assembly or any other budget initiative authorized by the 96th | 21 | | General Assembly for fiscal year 2010 may be adopted in | 22 | | accordance with this Section by the agency charged with | 23 | | administering that provision or initiative. The adoption of | 24 | | emergency rules authorized by this subsection (n) shall be | 25 | | deemed to be necessary for the public interest, safety, and | 26 | | welfare. The rulemaking authority granted in this subsection |
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| 1 | | (n) shall apply only to rules promulgated during Fiscal Year | 2 | | 2010. | 3 | | (o) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of the State's fiscal year | 5 | | 2011 budget, emergency rules to implement any provision of | 6 | | Public Act 96-958 this amendatory Act of the 96th General | 7 | | Assembly or any other budget initiative authorized by the 96th | 8 | | General Assembly for fiscal year 2011 may be adopted in | 9 | | accordance with this Section by the agency charged with | 10 | | administering that provision or initiative. The adoption of | 11 | | emergency rules authorized by this subsection (o) is deemed to | 12 | | be necessary for the public interest, safety, and welfare. The | 13 | | rulemaking authority granted in this subsection (o) applies | 14 | | only to rules promulgated on or after the effective date of | 15 | | Public Act 96-958 this amendatory Act of the 96th General | 16 | | Assembly through June 30, 2011. | 17 | | (p) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of Public Act 97-689, | 19 | | emergency rules to implement any provision of Public Act 97-689 | 20 | | may be adopted in accordance with this subsection (p) by the | 21 | | agency charged with administering that provision or | 22 | | initiative. The 150-day limitation of the effective period of | 23 | | emergency rules does not apply to rules adopted under this | 24 | | subsection (p), and the effective period may continue through | 25 | | June 30, 2013. The 24-month limitation on the adoption of | 26 | | emergency rules does not apply to rules adopted under this |
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| 1 | | subsection (p). The adoption of emergency rules authorized by | 2 | | this subsection (p) is deemed to be necessary for the public | 3 | | interest, safety, and welfare. | 4 | | (q) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 6 | | 12 of Public Act 98-104 this amendatory Act of the 98th General | 7 | | Assembly , emergency rules to implement any provision of | 8 | | Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this | 9 | | amendatory Act of the 98th General Assembly may be adopted in | 10 | | accordance with this subsection (q) by the agency charged with | 11 | | administering that provision or initiative. The 24-month | 12 | | limitation on the adoption of emergency rules does not apply to | 13 | | rules adopted under this subsection (q). The adoption of | 14 | | emergency rules authorized by this subsection (q) is deemed to | 15 | | be necessary for the public interest, safety, and welfare. | 16 | | (r) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of Public Act 98-651 this | 18 | | amendatory Act of the 98th General Assembly , emergency rules to | 19 | | implement Public Act 98-651 this amendatory Act of the 98th | 20 | | General Assembly may be adopted in accordance with this | 21 | | subsection (r) by the Department of Healthcare and Family | 22 | | Services. The 24-month limitation on the adoption of emergency | 23 | | rules does not apply to rules adopted under this subsection | 24 | | (r). The adoption of emergency rules authorized by this | 25 | | subsection (r) is deemed to be necessary for the public | 26 | | interest, safety, and welfare. |
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| 1 | | (s) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 3 | | the Illinois Public Aid Code, emergency rules to implement any | 4 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 5 | | Public Aid Code may be adopted in accordance with this | 6 | | subsection (s) by the Department of Healthcare and Family | 7 | | Services. The rulemaking authority granted in this subsection | 8 | | (s) shall apply only to those rules adopted prior to July 1, | 9 | | 2015. Notwithstanding any other provision of this Section, any | 10 | | emergency rule adopted under this subsection (s) shall only | 11 | | apply to payments made for State fiscal year 2015. The adoption | 12 | | of emergency rules authorized by this subsection (s) is deemed | 13 | | to be necessary for the public interest, safety, and welfare. | 14 | | (t) In order to provide for the expeditious and timely | 15 | | implementation of the provisions of Article II of Public Act | 16 | | 99-6 this amendatory Act of the 99th General Assembly , | 17 | | emergency rules to implement the changes made by Article II of | 18 | | Public Act 99-6 this amendatory Act of the 99th General | 19 | | Assembly to the Emergency Telephone System Act may be adopted | 20 | | in accordance with this subsection (t) by the Department of | 21 | | State Police. The rulemaking authority granted in this | 22 | | subsection (t) shall apply only to those rules adopted prior to | 23 | | July 1, 2016. The 24-month limitation on the adoption of | 24 | | emergency rules does not apply to rules adopted under this | 25 | | subsection (t). The adoption of emergency rules authorized by | 26 | | this subsection (t) is deemed to be necessary for the public |
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| 1 | | interest, safety, and welfare. | 2 | | (u) (t) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of the Burn Victims Relief | 4 | | Act, emergency rules to implement any provision of the Act may | 5 | | be adopted in accordance with this subsection (u) (t) by the | 6 | | Department of Insurance. The rulemaking authority granted in | 7 | | this subsection (u) (t) shall apply only to those rules adopted | 8 | | prior to December 31, 2015. The adoption of emergency rules | 9 | | authorized by this subsection (u) (t) is deemed to be necessary | 10 | | for the public interest, safety, and welfare. | 11 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | 12 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | 13 | | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised 10-15-15.)
| 14 | | (5 ILCS 100/5-50) (from Ch. 127, par. 1005-50)
| 15 | | Sec. 5-50. Peremptory rulemaking. "Peremptory rulemaking" | 16 | | means any
rulemaking that is required as a result of federal | 17 | | law, federal rules and
regulations, an order of a court, or a | 18 | | collective bargaining agreement
pursuant to subsection (d) of | 19 | | Section 1-5, under conditions that preclude
compliance with the | 20 | | general rulemaking requirements imposed by Section 5-40
and | 21 | | that preclude the exercise of discretion by the agency as to | 22 | | the
content of the rule it is required to adopt. Peremptory | 23 | | rulemaking shall
not be used to implement consent orders or | 24 | | other court orders adopting
settlements negotiated by the | 25 | | agency. If any agency finds that peremptory
rulemaking is |
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| 1 | | necessary and states in writing its reasons for that finding,
| 2 | | the agency may adopt peremptory rulemaking upon filing a notice | 3 | | of
rulemaking with the Secretary of State under Section 5-70. | 4 | | The notice shall
be published in the Illinois Register. A rule | 5 | | adopted under the peremptory
rulemaking provisions of this | 6 | | Section becomes effective immediately upon
filing with the | 7 | | Secretary of State and in the agency's principal office, or
at | 8 | | a date required or authorized by the relevant federal law, | 9 | | federal rules
and regulations, or court order, as stated in the | 10 | | notice of rulemaking.
Notice of rulemaking under this Section | 11 | | shall be published in the Illinois
Register with a link to the | 12 | | notice on the Illinois Register Internet website | 13 | | simultaneously posted on the agency's Internet website , shall | 14 | | specifically refer to the appropriate State or federal
court | 15 | | order or federal law, rules, and regulations, and shall be in a | 16 | | form
as the Secretary of State may reasonably prescribe by | 17 | | rule. The agency
shall file the notice of peremptory rulemaking | 18 | | within 30 days after a
change in rules is required.
| 19 | | The Department of Healthcare and Family Services may adopt | 20 | | peremptory rulemaking under the terms and conditions of this | 21 | | Section to implement final payments included in a State | 22 | | Medicaid Plan Amendment approved by the Centers for Medicare | 23 | | and Medicaid Services of the United States Department of Health | 24 | | and Human Services and authorized under Section 5A-12.2 of the | 25 | | Illinois Public Aid Code, and to adjust hospital provider | 26 | | assessments as Medicaid Provider-Specific Taxes permitted by |
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| 1 | | Title XIX of the federal Social Security Act and authorized | 2 | | under Section 5A-2 of the Illinois Public Aid Code. | 3 | | (Source: P.A. 95-859, eff. 8-19-08.)
| 4 | | (5 ILCS 100/5-60) (from Ch. 127, par. 1005-60)
| 5 | | Sec. 5-60. Regulatory agenda. An agency shall submit for | 6 | | publication in
the Illinois Register by January 1 and July 1 of | 7 | | each year and shall simultaneously post a link to the Illinois | 8 | | Register posting on the agency's Internet website a regulatory
| 9 | | agenda to elicit public comments concerning any rule that the | 10 | | agency is
considering proposing but for which no notice of | 11 | | proposed rulemaking activity
has been submitted to the Illinois | 12 | | Register. If an agency wishes to seek informal input from the | 13 | | public before proposing a rule at other times during the year, | 14 | | that agency shall have the authority to submit for publication | 15 | | in the Illinois Register and shall simultaneously publish the | 16 | | Illinois Register website link on its Internet website an | 17 | | advance notice of the proposed rulemaking that follows all | 18 | | regulatory agenda summary requirements. A regulatory agenda | 19 | | shall consist
of summaries of those rules. Each summary shall, | 20 | | in less than 2,000 words,
contain the following when | 21 | | practicable:
| 22 | | (1) A description of the rule.
| 23 | | (2) The statutory authority the agency is exercising.
| 24 | | (3) A schedule of the dates for any hearings, meetings, | 25 | | or other
opportunities for public participation in the |
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| 1 | | development of the rule.
| 2 | | (4) The date the agency anticipates submitting a notice | 3 | | of proposed
rulemaking activity, if known.
| 4 | | (5) The name, address, and telephone number , and email | 5 | | address of the agency representative
who is knowledgeable | 6 | | about the rule, from whom any information may be obtained,
| 7 | | and to whom written comments may be submitted concerning | 8 | | the rule.
| 9 | | (6) A statement whether the rule will affect small | 10 | | businesses, not
for profit corporations, or small | 11 | | municipalities as defined in this Act.
| 12 | | (7) Any other information that may serve the public | 13 | | interest.
| 14 | | Nothing in this Section shall preclude an agency from | 15 | | adopting a rule that
has not been summarized in a regulatory | 16 | | agenda or from adopting a rule
different than one summarized in | 17 | | a regulatory agenda if in the agency head's
best judgment it is | 18 | | necessary. If an agency finds that a situation exists that
| 19 | | requires adoption of a rule that was not summarized on either | 20 | | of the 2 most
recent regulatory agendas, it shall state its | 21 | | reasons in writing together with
the facts that form their | 22 | | basis upon filing the notice of proposed rulemaking
with the | 23 | | Secretary of State under Section 5-40. Nothing in this Section | 24 | | shall
require an agency to adopt a rule summarized in a | 25 | | regulatory agenda. The
Secretary of State shall adopt rules | 26 | | necessary for the publication of a
regulatory agenda, including |
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| 1 | | but not limited to standard submission forms and
deadlines , and | 2 | | rules allowing for electronic submission of the regulatory | 3 | | agenda by an agency. The Secretary of State shall maintain on | 4 | | its Internet website a link to the Illinois Register setting | 5 | | forth the full text of all filed regulatory agendas. If an | 6 | | agency has no rules to summarize in a regulatory agenda, the | 7 | | agency shall submit a notice to the Secretary stating that it | 8 | | has no regulatory agenda to submit for the relevant time | 9 | | period .
| 10 | | (Source: P.A. 87-823; 88-667, eff. 9-16-94 .)
| 11 | | (5 ILCS 100/5-46.1 rep.)
| 12 | | (5 ILCS 100/5-46.2 rep.) | 13 | | Section 10. The Illinois Administrative Procedure Act is | 14 | | amended by repealing Sections 5-46.1 and 5-46.2. | 15 | | Section 15. The Illinois Public Aid Code is amended by | 16 | | changing Section 5A-2 as follows: | 17 | | (305 ILCS 5/5A-2) (from Ch. 23, par. 5A-2) | 18 | | (Section scheduled to be repealed on July 1, 2018) | 19 | | Sec. 5A-2. Assessment.
| 20 | | (a)
Subject to Sections 5A-3 and 5A-10, for State fiscal | 21 | | years 2009 through 2018, an annual assessment on inpatient | 22 | | services is imposed on each hospital provider in an amount | 23 | | equal to $218.38 multiplied by the difference of the hospital's |
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| 1 | | occupied bed days less the hospital's Medicare bed days, | 2 | | provided, however, that the amount of $218.38 shall be | 3 | | increased by a uniform percentage to generate an amount equal | 4 | | to 75% of the State share of the payments authorized under | 5 | | Section 12-5, with such increase only taking effect upon the | 6 | | date that a State share for such payments is required under | 7 | | federal law. For the period of April through June 2015, the | 8 | | amount of $218.38 used to calculate the assessment under this | 9 | | paragraph shall, by emergency rule under subsection (s) of | 10 | | Section 5-45 of the Illinois Administrative Procedure Act, be | 11 | | increased by a uniform percentage to generate $20,250,000 in | 12 | | the aggregate for that period from all hospitals subject to the | 13 | | annual assessment under this paragraph. | 14 | | For State fiscal years 2009 through 2014 and after, a | 15 | | hospital's occupied bed days and Medicare bed days shall be | 16 | | determined using the most recent data available from each | 17 | | hospital's 2005 Medicare cost report as contained in the | 18 | | Healthcare Cost Report Information System file, for the quarter | 19 | | ending on December 31, 2006, without regard to any subsequent | 20 | | adjustments or changes to such data. If a hospital's 2005 | 21 | | Medicare cost report is not contained in the Healthcare Cost | 22 | | Report Information System, then the Illinois Department may | 23 | | obtain the hospital provider's occupied bed days and Medicare | 24 | | bed days from any source available, including, but not limited | 25 | | to, records maintained by the hospital provider, which may be | 26 | | inspected at all times during business hours of the day by the |
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| 1 | | Illinois Department or its duly authorized agents and | 2 | | employees. | 3 | | (b) (Blank).
| 4 | | (b-5) Subject to Sections 5A-3 and 5A-10, for the portion | 5 | | of State fiscal year 2012, beginning June 10, 2012 through June | 6 | | 30, 2012, and for State fiscal years 2013 through 2018, an | 7 | | annual assessment on outpatient services is imposed on each | 8 | | hospital provider in an amount equal to .008766 multiplied by | 9 | | the hospital's outpatient gross revenue, provided, however, | 10 | | that the amount of .008766 shall be increased by a uniform | 11 | | percentage to generate an amount equal to 25% of the State | 12 | | share of the payments authorized under Section 12-5, with such | 13 | | increase only taking effect upon the date that a State share | 14 | | for such payments is required under federal law. For the period | 15 | | beginning June 10, 2012 through June 30, 2012, the annual | 16 | | assessment on outpatient services shall be prorated by | 17 | | multiplying the assessment amount by a fraction, the numerator | 18 | | of which is 21 days and the denominator of which is 365 days. | 19 | | For the period of April through June 2015, the amount of | 20 | | .008766 used to calculate the assessment under this paragraph | 21 | | shall, by emergency rule under subsection (s) of Section 5-45 | 22 | | of the Illinois Administrative Procedure Act, be increased by a | 23 | | uniform percentage to generate $6,750,000 in the aggregate for | 24 | | that period from all hospitals subject to the annual assessment | 25 | | under this paragraph. | 26 | | For the portion of State fiscal year 2012, beginning June |
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| 1 | | 10, 2012 through June 30, 2012, and State fiscal years 2013 | 2 | | through 2018, a hospital's outpatient gross revenue shall be | 3 | | determined using the most recent data available from each | 4 | | hospital's 2009 Medicare cost report as contained in the | 5 | | Healthcare Cost Report Information System file, for the quarter | 6 | | ending on June 30, 2011, without regard to any subsequent | 7 | | adjustments or changes to such data. If a hospital's 2009 | 8 | | Medicare cost report is not contained in the Healthcare Cost | 9 | | Report Information System, then the Department may obtain the | 10 | | hospital provider's outpatient gross revenue from any source | 11 | | available, including, but not limited to, records maintained by | 12 | | the hospital provider, which may be inspected at all times | 13 | | during business hours of the day by the Department or its duly | 14 | | authorized agents and employees. | 15 | | (c) (Blank).
| 16 | | (d) (Blank). Notwithstanding any of the other provisions of | 17 | | this Section, the Department is authorized to adopt rules to | 18 | | reduce the rate of any annual assessment imposed under this | 19 | | Section, as authorized by Section 5-46.2 of the Illinois | 20 | | Administrative Procedure Act.
| 21 | | (e) Notwithstanding any other provision of this Section, | 22 | | any plan providing for an assessment on a hospital provider as | 23 | | a permissible tax under Title XIX of the federal Social | 24 | | Security Act and Medicaid-eligible payments to hospital | 25 | | providers from the revenues derived from that assessment shall | 26 | | be reviewed by the Illinois Department of Healthcare and Family |
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| 1 | | Services, as the Single State Medicaid Agency required by | 2 | | federal law, to determine whether those assessments and | 3 | | hospital provider payments meet federal Medicaid standards. If | 4 | | the Department determines that the elements of the plan may | 5 | | meet federal Medicaid standards and a related State Medicaid | 6 | | Plan Amendment is prepared in a manner and form suitable for | 7 | | submission, that State Plan Amendment shall be submitted in a | 8 | | timely manner for review by the Centers for Medicare and | 9 | | Medicaid Services of the United States Department of Health and | 10 | | Human Services and subject to approval by the Centers for | 11 | | Medicare and Medicaid Services of the United States Department | 12 | | of Health and Human Services. No such plan shall become | 13 | | effective without approval by the Illinois General Assembly by | 14 | | the enactment into law of related legislation. Notwithstanding | 15 | | any other provision of this Section, the Department is | 16 | | authorized to adopt rules to reduce the rate of any annual | 17 | | assessment imposed under this Section. Any such rules may be | 18 | | adopted by the Department under Section 5-50 of the Illinois | 19 | | Administrative Procedure Act. | 20 | | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; 99-2, | 21 | | eff. 3-26-15.)".
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