Full Text of HB0301 100th General Assembly
HB0301ham001 100TH GENERAL ASSEMBLY | Rep. David S. Olsen Filed: 2/27/2017
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| 1 | | AMENDMENT TO HOUSE BILL 301
| 2 | | AMENDMENT NO. ______. Amend House Bill 301 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by changing Section 5-40 as follows:
| 6 | | (5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
| 7 | | Sec. 5-40. General rulemaking.
| 8 | | (a) In all rulemaking to which Sections 5-45 and 5-50 do | 9 | | not apply, each
agency shall comply with this Section.
| 10 | | (b) Each agency shall give at least 45 days' notice of its | 11 | | intended action
to the general public. This first notice period | 12 | | shall commence on
the first day the notice appears in the | 13 | | Illinois Register. The first
notice shall include all the | 14 | | following:
| 15 | | (1) The text of the proposed rule, the old and new | 16 | | materials of a
proposed amendment, or the text of the |
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| 1 | | provision to be repealed.
| 2 | | (2) The specific statutory citation upon which the | 3 | | proposed rule, the
proposed amendment to a rule, or the | 4 | | proposed repeal of a rule is based and
by which it is | 5 | | authorized.
| 6 | | (3) A complete description of the subjects and issues | 7 | | involved.
| 8 | | (3.5) A descriptive title or other description of any | 9 | | published study or
research
report used in developing the | 10 | | rule, the identity of the person who performed
such study, | 11 | | and a description of where the public may obtain a copy of | 12 | | any such
study or research report. If the study was | 13 | | performed by an agency or by a
person or entity that | 14 | | contracted with the agency for the performance of the
| 15 | | study, the agency shall also make copies of the underlying | 16 | | data available to
members of the public upon request if the | 17 | | data are not protected from
disclosure under
the Freedom of | 18 | | Information Act.
| 19 | | (4) For all proposed rules and proposed amendments to | 20 | | rules, an initial
regulatory flexibility analysis | 21 | | containing a description of the types of
small businesses | 22 | | subject to the rule; a brief description of the proposed
| 23 | | reporting, bookkeeping, and other procedures required for | 24 | | compliance with
the rule; and a description of the types of | 25 | | professional skills necessary
for compliance.
| 26 | | (5) The time, place, and manner in which interested |
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| 1 | | persons
may present their views and comments concerning the | 2 | | proposed rulemaking.
| 3 | | During the first notice period, the agency shall accept | 4 | | from any interested
persons data, views, arguments, or | 5 | | comments. These may, in the discretion of
the agency, be | 6 | | submitted either orally or in writing or both. The notice
| 7 | | published in the Illinois Register shall indicate the manner | 8 | | selected by the
agency for the submissions. The agency shall | 9 | | consider all submissions
received.
| 10 | | The agency shall hold a public hearing on the proposed | 11 | | rulemaking during
the first notice period if (i) during the | 12 | | first notice period, the
agency finds that a public hearing
| 13 | | would facilitate the submission of views and comments that | 14 | | might not
otherwise be submitted or (ii) the agency receives a | 15 | | request for a public
hearing, within the first 14 days after | 16 | | publication of the notice of
proposed rulemaking in the | 17 | | Illinois Register, from 25 interested persons,
an association | 18 | | representing at least 100 interested persons, the Governor,
the | 19 | | Joint Committee on Administrative Rules, or a unit of local | 20 | | government
that may be affected. If an agency finds that a | 21 | | public hearing would facilitate the submission of views and | 22 | | comments that might not otherwise be submitted, and decides to | 23 | | hold a public hearing, the agency shall, in addition to the | 24 | | required publication in the Illinois Register, post a link to | 25 | | the information required under paragraphs (1) through (5) of | 26 | | this subsection (b) on its Internet website. If an agency |
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| 1 | | decides not to initiate a public hearing, it shall post the | 2 | | requirements to request a public hearing under this subsection | 3 | | (b) on its Internet website, as well as a link to the | 4 | | information required under paragraphs (1) through (5) of this | 5 | | subsection (b). At the public hearing, the agency shall allow
| 6 | | interested persons to present views and comments on the | 7 | | proposed
rulemaking. A public hearing in response to a request | 8 | | for a hearing may
not be held less than 20 days after the | 9 | | publication of the notice of
proposed rulemaking in the | 10 | | Illinois Register unless notice of the public
hearing is | 11 | | included in the notice of proposed rulemaking. A public hearing
| 12 | | on proposed rulemaking may not be held less than 5 days before | 13 | | submission
of the notice required under subsection (c) of this | 14 | | Section to the Joint
Committee on Administrative Rules. Each | 15 | | agency may prescribe reasonable
rules for the conduct of public | 16 | | hearings on proposed rulemaking to prevent
undue repetition at | 17 | | the hearings. The hearings must be open to the public
and | 18 | | recorded by stenographic or mechanical means.
At least one | 19 | | agency representative shall be present during the hearing who
| 20 | | is qualified to respond to general questions from the public | 21 | | regarding the
agency's proposal and the rulemaking process.
| 22 | | (c) Each agency shall provide additional notice of the | 23 | | proposed rulemaking
to the Joint Committee on Administrative | 24 | | Rules. The period commencing on
the day written notice is | 25 | | received by the Joint Committee shall be known as
the second | 26 | | notice period and shall expire 45 days thereafter unless before
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| 1 | | that time the agency and the Joint Committee have agreed to | 2 | | extend the
second notice period beyond 45 days for a period not | 3 | | to exceed an
additional 45 days or unless the agency has | 4 | | received a statement of
objection from the Joint Committee or | 5 | | notification from the Joint Committee
that no objection will be | 6 | | issued. The written notice to the Joint
Committee shall include | 7 | | (i) the text and location of any changes made to
the proposed | 8 | | rulemaking during the first notice period in a form prescribed
| 9 | | by the Joint Committee; (ii) for all
proposed rules and | 10 | | proposed amendments to rules, a final regulatory
flexibility | 11 | | analysis containing a summary of issues raised by small
| 12 | | businesses during the first notice period and a description of | 13 | | actions
taken on any alternatives to the proposed rule | 14 | | suggested by small
businesses during the first notice period, | 15 | | including reasons for rejecting
any alternatives not utilized; | 16 | | and (iii) if a written request has been made
by the Joint | 17 | | Committee within 30 days after initial notice appears in the
| 18 | | Illinois Register under subsection (b) of this Section, an | 19 | | analysis of the
economic and budgetary effects of the proposed | 20 | | rulemaking. After
commencement of the second notice period, no | 21 | | substantive change may be made
to a proposed rulemaking unless | 22 | | it is made in response to an objection or
suggestion of the | 23 | | Joint Committee. The agency shall also send a copy of
the final | 24 | | regulatory flexibility analysis to each small business that has
| 25 | | presented views or comments on the proposed rulemaking during | 26 | | the first
notice period and to any other interested person who |
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| 1 | | requests a copy. The
agency may charge a reasonable fee for | 2 | | providing the copies to cover postage
and handling costs.
| 3 | | (d) After the expiration of the second notice period, after | 4 | | notification
from the Joint Committee that no objection will be | 5 | | issued, or after a
response by the agency to a statement of | 6 | | objections issued by the Joint
Committee, whichever is | 7 | | applicable, the agency shall file, under Section
5-65, a | 8 | | certified copy of each rule, modification, or repeal of any | 9 | | rule
adopted by it. The copy shall be published in the Illinois | 10 | | Register. Each
rule hereafter adopted under this Section is | 11 | | effective upon filing unless a
later effective date is required | 12 | | by statute or is specified in the
rulemaking.
| 13 | | (e) No rule or modification or repeal of any rule may be | 14 | | adopted, or filed
with the Secretary of State, more than one | 15 | | year after the date the first
notice period for the rulemaking | 16 | | under subsection (b) commenced. Any
period during which the | 17 | | rulemaking is prohibited from being filed under
Section 5-115 | 18 | | shall not be considered in calculating this one-year time | 19 | | period.
| 20 | | (Source: P.A. 92-330, eff. 1-1-02 .)".
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