Full Text of SB2861 99th General Assembly
SB2861ham001 99TH GENERAL ASSEMBLY | Rep. David Harris Filed: 5/23/2016
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| 1 | | AMENDMENT TO SENATE BILL 2861
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2861 on page 8, | 3 | | line 12, by replacing "offense when" with "offense. When"; and
| 4 | | on page 8, line 14, by replacing "domestic. In such a case" | 5 | | with "domestic,"; and | 6 | | by replacing line 18 on page 15 through line 5 on page 16 with | 7 | | the following: | 8 | | "Section 15. Article 15. Non-judicial punishment | 9 | | proceedings. The Adjutant General may adopt rules to effectuate | 10 | | non-judicial punishment proceedings in accordance with the | 11 | | Illinois Administrative Procedure Act which may impose | 12 | | disciplinary punishments for minor offenses without the | 13 | | intervention of a court-martial pursuant to this Article."; and | 14 | | on page 32, by replacing lines 7 through 14 with the following: |
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| 1 | | "Section 36. Article 36. Trial procedure. The Adjutant | 2 | | General may adopt rules in accordance with the Illinois | 3 | | Administrative Procedure Act which establish pretrial, trial, | 4 | | and post-trial procedures, including modes of proof, for | 5 | | courts-martial cases arising under this Code and for courts of | 6 | | inquiry, and which shall apply the principles of law and the"; | 7 | | and | 8 | | on page 105, immediately below line 24, by inserting the | 9 | | following: | 10 | | "Section 150. The Illinois Administrative Procedure Act is | 11 | | amended by changing Section 5-45 as follows: | 12 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 13 | | Sec. 5-45. Emergency rulemaking. | 14 | | (a) "Emergency" means the existence of any situation that | 15 | | any agency
finds reasonably constitutes a threat to the public | 16 | | interest, safety, or
welfare. | 17 | | (b) If any agency finds that an
emergency exists that | 18 | | requires adoption of a rule upon fewer days than
is required by | 19 | | Section 5-40 and states in writing its reasons for that
| 20 | | finding, the agency may adopt an emergency rule without prior | 21 | | notice or
hearing upon filing a notice of emergency rulemaking | 22 | | with the Secretary of
State under Section 5-70. The notice |
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| 1 | | shall include the text of the
emergency rule and shall be | 2 | | published in the Illinois Register. Consent
orders or other | 3 | | court orders adopting settlements negotiated by an agency
may | 4 | | be adopted under this Section. Subject to applicable | 5 | | constitutional or
statutory provisions, an emergency rule | 6 | | becomes effective immediately upon
filing under Section 5-65 or | 7 | | at a stated date less than 10 days
thereafter. The agency's | 8 | | finding and a statement of the specific reasons
for the finding | 9 | | shall be filed with the rule. The agency shall take
reasonable | 10 | | and appropriate measures to make emergency rules known to the
| 11 | | persons who may be affected by them. | 12 | | (c) An emergency rule may be effective for a period of not | 13 | | longer than
150 days, but the agency's authority to adopt an | 14 | | identical rule under Section
5-40 is not precluded. No | 15 | | emergency rule may be adopted more
than once in any 24 month | 16 | | period, except that this limitation on the number
of emergency | 17 | | rules that may be adopted in a 24 month period does not apply
| 18 | | to (i) emergency rules that make additions to and deletions | 19 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 20 | | Public Aid Code or the
generic drug formulary under Section | 21 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 22 | | emergency rules adopted by the Pollution Control
Board before | 23 | | July 1, 1997 to implement portions of the Livestock Management
| 24 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 25 | | Department of Public Health under subsections (a) through (i) | 26 | | of Section 2 of the Department of Public Health Act when |
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| 1 | | necessary to protect the public's health, (iv) emergency rules | 2 | | adopted pursuant to subsection (n) of this Section, (v) | 3 | | emergency rules adopted pursuant to subsection (o) of this | 4 | | Section, or (vi) emergency rules adopted pursuant to subsection | 5 | | (c-5) of this Section. Two or more emergency rules having | 6 | | substantially the same
purpose and effect shall be deemed to be | 7 | | a single rule for purposes of this
Section. | 8 | | (c-5) To facilitate the maintenance of the program of group | 9 | | health benefits provided to annuitants, survivors, and retired | 10 | | employees under the State Employees Group Insurance Act of | 11 | | 1971, rules to alter the contributions to be paid by the State, | 12 | | annuitants, survivors, retired employees, or any combination | 13 | | of those entities, for that program of group health benefits, | 14 | | shall be adopted as emergency rules. The adoption of those | 15 | | rules shall be considered an emergency and necessary for the | 16 | | public interest, safety, and welfare. | 17 | | (d) In order to provide for the expeditious and timely | 18 | | implementation
of the State's fiscal year 1999 budget, | 19 | | emergency rules to implement any
provision of Public Act 90-587 | 20 | | or 90-588
or any other budget initiative for fiscal year 1999 | 21 | | may be adopted in
accordance with this Section by the agency | 22 | | charged with administering that
provision or initiative, | 23 | | except that the 24-month limitation on the adoption
of | 24 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 25 | | do not apply
to rules adopted under this subsection (d). The | 26 | | adoption of emergency rules
authorized by this subsection (d) |
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| 1 | | shall be deemed to be necessary for the
public interest, | 2 | | safety, and welfare. | 3 | | (e) In order to provide for the expeditious and timely | 4 | | implementation
of the State's fiscal year 2000 budget, | 5 | | emergency rules to implement any
provision of Public Act 91-24 | 6 | | this amendatory Act of the 91st General Assembly
or any other | 7 | | budget initiative for fiscal year 2000 may be adopted in
| 8 | | accordance with this Section by the agency charged with | 9 | | administering that
provision or initiative, except that the | 10 | | 24-month limitation on the adoption
of emergency rules and the | 11 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 12 | | adopted under this subsection (e). The adoption of emergency | 13 | | rules
authorized by this subsection (e) shall be deemed to be | 14 | | necessary for the
public interest, safety, and welfare. | 15 | | (f) In order to provide for the expeditious and timely | 16 | | implementation
of the State's fiscal year 2001 budget, | 17 | | emergency rules to implement any
provision of Public Act 91-712 | 18 | | this amendatory Act of the 91st General Assembly
or any other | 19 | | budget initiative for fiscal year 2001 may be adopted in
| 20 | | accordance with this Section by the agency charged with | 21 | | administering that
provision or initiative, except that the | 22 | | 24-month limitation on the adoption
of emergency rules and the | 23 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 24 | | adopted under this subsection (f). The adoption of emergency | 25 | | rules
authorized by this subsection (f) shall be deemed to be | 26 | | necessary for the
public interest, safety, and welfare. |
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| 1 | | (g) In order to provide for the expeditious and timely | 2 | | implementation
of the State's fiscal year 2002 budget, | 3 | | emergency rules to implement any
provision of Public Act 92-10 | 4 | | this amendatory Act of the 92nd General Assembly
or any other | 5 | | budget initiative for fiscal year 2002 may be adopted in
| 6 | | accordance with this Section by the agency charged with | 7 | | administering that
provision or initiative, except that the | 8 | | 24-month limitation on the adoption
of emergency rules and the | 9 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 10 | | adopted under this subsection (g). The adoption of emergency | 11 | | rules
authorized by this subsection (g) shall be deemed to be | 12 | | necessary for the
public interest, safety, and welfare. | 13 | | (h) In order to provide for the expeditious and timely | 14 | | implementation
of the State's fiscal year 2003 budget, | 15 | | emergency rules to implement any
provision of Public Act 92-597 | 16 | | this amendatory Act of the 92nd General Assembly
or any other | 17 | | budget initiative for fiscal year 2003 may be adopted in
| 18 | | accordance with this Section by the agency charged with | 19 | | administering that
provision or initiative, except that the | 20 | | 24-month limitation on the adoption
of emergency rules and the | 21 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 22 | | adopted under this subsection (h). The adoption of emergency | 23 | | rules
authorized by this subsection (h) shall be deemed to be | 24 | | necessary for the
public interest, safety, and welfare. | 25 | | (i) In order to provide for the expeditious and timely | 26 | | implementation
of the State's fiscal year 2004 budget, |
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| 1 | | emergency rules to implement any
provision of Public Act 93-20 | 2 | | this amendatory Act of the 93rd General Assembly
or any other | 3 | | budget initiative for fiscal year 2004 may be adopted in
| 4 | | accordance with this Section by the agency charged with | 5 | | administering that
provision or initiative, except that the | 6 | | 24-month limitation on the adoption
of emergency rules and the | 7 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 8 | | adopted under this subsection (i). The adoption of emergency | 9 | | rules
authorized by this subsection (i) shall be deemed to be | 10 | | necessary for the
public interest, safety, and welfare. | 11 | | (j) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of the State's fiscal year | 13 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 14 | | Implementation (Human Services) Act, emergency rules to | 15 | | implement any provision of the Fiscal Year 2005 Budget | 16 | | Implementation (Human Services) Act may be adopted in | 17 | | accordance with this Section by the agency charged with | 18 | | administering that provision, except that the 24-month | 19 | | limitation on the adoption of emergency rules and the | 20 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 21 | | adopted under this subsection (j). The Department of Public Aid | 22 | | may also adopt rules under this subsection (j) necessary to | 23 | | administer the Illinois Public Aid Code and the Children's | 24 | | Health Insurance Program Act. The adoption of emergency rules | 25 | | authorized by this subsection (j) shall be deemed to be | 26 | | necessary for the public interest, safety, and welfare.
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| 1 | | (k) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of the State's fiscal year | 3 | | 2006 budget, emergency rules to implement any provision of | 4 | | Public Act 94-48 this amendatory Act of the 94th General | 5 | | Assembly or any other budget initiative for fiscal year 2006 | 6 | | may be adopted in accordance with this Section by the agency | 7 | | charged with administering that provision or initiative, | 8 | | except that the 24-month limitation on the adoption of | 9 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 10 | | do not apply to rules adopted under this subsection (k). The | 11 | | Department of Healthcare and Family Services may also adopt | 12 | | rules under this subsection (k) necessary to administer the | 13 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 14 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 15 | | Disabled Persons Prescription Drug Discount Program Act (now | 16 | | the Illinois Prescription Drug Discount Program Act), and the | 17 | | Children's Health Insurance Program Act. The adoption of | 18 | | emergency rules authorized by this subsection (k) shall be | 19 | | deemed to be necessary for the public interest, safety, and | 20 | | welfare.
| 21 | | (l) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of the
State's fiscal year | 23 | | 2007 budget, the Department of Healthcare and Family Services | 24 | | may adopt emergency rules during fiscal year 2007, including | 25 | | rules effective July 1, 2007, in
accordance with this | 26 | | subsection to the extent necessary to administer the |
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| 1 | | Department's responsibilities with respect to amendments to | 2 | | the State plans and Illinois waivers approved by the federal | 3 | | Centers for Medicare and Medicaid Services necessitated by the | 4 | | requirements of Title XIX and Title XXI of the federal Social | 5 | | Security Act. The adoption of emergency rules
authorized by | 6 | | this subsection (l) shall be deemed to be necessary for the | 7 | | public interest,
safety, and welfare.
| 8 | | (m) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of the
State's fiscal year | 10 | | 2008 budget, the Department of Healthcare and Family Services | 11 | | may adopt emergency rules during fiscal year 2008, including | 12 | | rules effective July 1, 2008, in
accordance with this | 13 | | subsection to the extent necessary to administer the | 14 | | Department's responsibilities with respect to amendments to | 15 | | the State plans and Illinois waivers approved by the federal | 16 | | Centers for Medicare and Medicaid Services necessitated by the | 17 | | requirements of Title XIX and Title XXI of the federal Social | 18 | | Security Act. The adoption of emergency rules
authorized by | 19 | | this subsection (m) shall be deemed to be necessary for the | 20 | | public interest,
safety, and welfare.
| 21 | | (n) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of the State's fiscal year | 23 | | 2010 budget, emergency rules to implement any provision of | 24 | | Public Act 96-45 this amendatory Act of the 96th General | 25 | | Assembly or any other budget initiative authorized by the 96th | 26 | | General Assembly for fiscal year 2010 may be adopted in |
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| 1 | | accordance with this Section by the agency charged with | 2 | | administering that provision or initiative. The adoption of | 3 | | emergency rules authorized by this subsection (n) shall be | 4 | | deemed to be necessary for the public interest, safety, and | 5 | | welfare. The rulemaking authority granted in this subsection | 6 | | (n) shall apply only to rules promulgated during Fiscal Year | 7 | | 2010. | 8 | | (o) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of the State's fiscal year | 10 | | 2011 budget, emergency rules to implement any provision of | 11 | | Public Act 96-958 this amendatory Act of the 96th General | 12 | | Assembly or any other budget initiative authorized by the 96th | 13 | | General Assembly for fiscal year 2011 may be adopted in | 14 | | accordance with this Section by the agency charged with | 15 | | administering that provision or initiative. The adoption of | 16 | | emergency rules authorized by this subsection (o) is deemed to | 17 | | be necessary for the public interest, safety, and welfare. The | 18 | | rulemaking authority granted in this subsection (o) applies | 19 | | only to rules promulgated on or after the effective date of | 20 | | Public Act 96-958 this amendatory Act of the 96th General | 21 | | Assembly through June 30, 2011. | 22 | | (p) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of Public Act 97-689, | 24 | | emergency rules to implement any provision of Public Act 97-689 | 25 | | may be adopted in accordance with this subsection (p) by the | 26 | | agency charged with administering that provision or |
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| 1 | | initiative. The 150-day limitation of the effective period of | 2 | | emergency rules does not apply to rules adopted under this | 3 | | subsection (p), and the effective period may continue through | 4 | | June 30, 2013. The 24-month limitation on the adoption of | 5 | | emergency rules does not apply to rules adopted under this | 6 | | subsection (p). The adoption of emergency rules authorized by | 7 | | this subsection (p) is deemed to be necessary for the public | 8 | | interest, safety, and welfare. | 9 | | (q) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 11 | | 12 of Public Act 98-104 this amendatory Act of the 98th General | 12 | | Assembly , emergency rules to implement any provision of | 13 | | Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this | 14 | | amendatory Act of the 98th General Assembly may be adopted in | 15 | | accordance with this subsection (q) by the agency charged with | 16 | | administering that provision or initiative. The 24-month | 17 | | limitation on the adoption of emergency rules does not apply to | 18 | | rules adopted under this subsection (q). The adoption of | 19 | | emergency rules authorized by this subsection (q) is deemed to | 20 | | be necessary for the public interest, safety, and welfare. | 21 | | (r) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of Public Act 98-651 this | 23 | | amendatory Act of the 98th General Assembly , emergency rules to | 24 | | implement Public Act 98-651 this amendatory Act of the 98th | 25 | | General Assembly may be adopted in accordance with this | 26 | | subsection (r) by the Department of Healthcare and Family |
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| 1 | | Services. The 24-month limitation on the adoption of emergency | 2 | | rules does not apply to rules adopted under this subsection | 3 | | (r). The adoption of emergency rules authorized by this | 4 | | subsection (r) is deemed to be necessary for the public | 5 | | interest, safety, and welfare. | 6 | | (s) In order to provide for the expeditious and timely | 7 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 8 | | the Illinois Public Aid Code, emergency rules to implement any | 9 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 10 | | Public Aid Code may be adopted in accordance with this | 11 | | subsection (s) by the Department of Healthcare and Family | 12 | | Services. The rulemaking authority granted in this subsection | 13 | | (s) shall apply only to those rules adopted prior to July 1, | 14 | | 2015. Notwithstanding any other provision of this Section, any | 15 | | emergency rule adopted under this subsection (s) shall only | 16 | | apply to payments made for State fiscal year 2015. The adoption | 17 | | of emergency rules authorized by this subsection (s) is deemed | 18 | | to be necessary for the public interest, safety, and welfare. | 19 | | (t) In order to provide for the expeditious and timely | 20 | | implementation of the provisions of Article II of Public Act | 21 | | 99-6 this amendatory Act of the 99th General Assembly , | 22 | | emergency rules to implement the changes made by Article II of | 23 | | Public Act 99-6 this amendatory Act of the 99th General | 24 | | Assembly to the Emergency Telephone System Act may be adopted | 25 | | in accordance with this subsection (t) by the Department of | 26 | | State Police. The rulemaking authority granted in this |
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| 1 | | subsection (t) shall apply only to those rules adopted prior to | 2 | | July 1, 2016. The 24-month limitation on the adoption of | 3 | | emergency rules does not apply to rules adopted under this | 4 | | subsection (t). The adoption of emergency rules authorized by | 5 | | this subsection (t) is deemed to be necessary for the public | 6 | | interest, safety, and welfare. | 7 | | (u) (t) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of the Burn Victims Relief | 9 | | Act, emergency rules to implement any provision of the Act may | 10 | | be adopted in accordance with this subsection (u) (t) by the | 11 | | Department of Insurance. The rulemaking authority granted in | 12 | | this subsection (u) (t) shall apply only to those rules adopted | 13 | | prior to December 31, 2015. The adoption of emergency rules | 14 | | authorized by this subsection (u) (t) is deemed to be necessary | 15 | | for the public interest, safety, and welfare. | 16 | | (v) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of this amendatory Act of the | 18 | | 99th General Assembly, emergency rules to implement the changes | 19 | | made by this amendatory Act of the 99th General Assembly may be | 20 | | adopted in accordance with this subsection (v) by the Adjutant | 21 | | General. The adoption of emergency rules authorized by this | 22 | | subsection (v) is deemed to be necessary for the public | 23 | | interest, safety, and welfare. | 24 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | 25 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | 26 | | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised |
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| 1 | | 10-15-15.)"; and | 2 | | on page 106, by replacing lines 1 and 2 with the following: | 3 | | "Section 153. The Military Code of Illinois is amended by | 4 | | changing Section 90 and by adding Section 34.1 as follows:"; | 5 | | and | 6 | | on page 106, immediately below line 17, by inserting the | 7 | | following:
| 8 | | "(20 ILCS 1805/90) (from Ch. 129, par. 220.90)
| 9 | | Sec. 90.
(a) If any member of the Illinois National Guard | 10 | | is criminally prosecuted by
civil authorities of the United | 11 | | States or any state, commonwealth, or territory of the United | 12 | | States, or criminal action for any act or omission determined | 13 | | by the Attorney General to have been within the scope of the | 14 | | member's military duties, performed or
committed by such | 15 | | member, or for any an act or omission caused, ordered , or | 16 | | directed by such
member to be done or performed within the | 17 | | scope of military duty, the member shall be entitled to defense | 18 | | representation by the Attorney General or, if the Attorney | 19 | | General determines it appropriate, by a qualified private | 20 | | defense attorney of the member's choice subject to the approval | 21 | | of the Attorney General at State expense. In that case all | 22 | | costs in furtherance of and while in the
performance of | 23 | | military duty, all the expense of the defense , of such action
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| 1 | | or actions civil or criminal, including attorney's fees, | 2 | | witnesses' fees
for the defense, defendant's court costs and | 3 | | all costs for transcripts of
records and abstracts thereof on | 4 | | appeal by the defense, shall be paid by
the State ; provided, | 5 | | that the Attorney General of the State shall be first
consulted | 6 | | in regard to, and approve of, the selection of the attorney for
| 7 | | the defense: And, provided, further, that the Attorney General | 8 | | of the State
may, if he see fit, assume the responsibility for | 9 | | the defense of such
member and conduct the same personally or | 10 | | by any one or more of his
assistants .
| 11 | | (b) Representation and indemnification of Illinois | 12 | | National Guard members in civil cases arising out of their | 13 | | military training or duty shall be in accordance with the State | 14 | | Employee Indemnification Act. | 15 | | (Source: P.A. 85-1241.)"; and
| 16 | | by deleting line 23 on page 106 through line 1 on page 107; and | 17 | | on page 107, line 3, by replacing "89, 90, and 91" with "and | 18 | | 89".
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