Full Text of HB3222 100th General Assembly
HB3222sam002 100TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/19/2017
| | 10000HB3222sam002 | | LRB100 11133 RJF 26659 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3222
| 2 | | AMENDMENT NO. ______. Amend House Bill 3222 on page 1, | 3 | | immediately below line 21, by inserting the following:
| 4 | | "(5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
| 5 | | Sec. 5-40. General rulemaking.
| 6 | | (a) In all rulemaking to which Sections 5-45 and 5-50 do | 7 | | not apply, each
agency shall comply with this Section.
| 8 | | (b) Each agency shall give at least 45 days' notice of its | 9 | | intended action
to the general public. This first notice period | 10 | | shall commence on
the first day the notice appears in the | 11 | | Illinois Register. The first
notice shall include all the | 12 | | following:
| 13 | | (1) The text of the proposed rule, the old and new | 14 | | materials of a
proposed amendment, or the text of the | 15 | | provision to be repealed.
| 16 | | (2) The specific statutory citation upon which the | 17 | | proposed rule, the
proposed amendment to a rule, or the |
| | | 10000HB3222sam002 | - 2 - | LRB100 11133 RJF 26659 a |
|
| 1 | | proposed repeal of a rule is based and
by which it is | 2 | | authorized.
| 3 | | (3) A complete description of the subjects and issues | 4 | | involved.
| 5 | | (3.5) A descriptive title or other description of any | 6 | | published study or
research
report used in developing the | 7 | | rule, the identity of the person who performed
such study, | 8 | | and a description of where the public may obtain a copy of | 9 | | any such
study or research report. If the study was | 10 | | performed by an agency or by a
person or entity that | 11 | | contracted with the agency for the performance of the
| 12 | | study, the agency shall also make copies of the underlying | 13 | | data available to
members of the public upon request if the | 14 | | data are not protected from
disclosure under
the Freedom of | 15 | | Information Act.
| 16 | | (4) For all proposed rules and proposed amendments to | 17 | | rules, an initial
regulatory flexibility analysis | 18 | | containing a description of the types of
small businesses | 19 | | subject to the rule; a brief description of the proposed
| 20 | | reporting, bookkeeping, and other procedures required for | 21 | | compliance with
the rule; and a description of the types of | 22 | | professional skills necessary
for compliance.
| 23 | | (5) The time, place, and manner in which interested | 24 | | persons
may present their views and comments concerning the | 25 | | proposed rulemaking.
| 26 | | During the first notice period, the agency shall accept |
| | | 10000HB3222sam002 | - 3 - | LRB100 11133 RJF 26659 a |
|
| 1 | | from any interested
persons data, views, arguments, or | 2 | | comments. These may, in the discretion of
the agency, be | 3 | | submitted either orally or in writing or both. The notice
| 4 | | published in the Illinois Register shall indicate the manner | 5 | | selected by the
agency for the submissions. The agency shall | 6 | | consider all submissions
received.
| 7 | | The agency shall hold a public hearing on the proposed | 8 | | rulemaking during
the first notice period if (i) during the | 9 | | first notice period, the
agency finds that a public hearing
| 10 | | would facilitate the submission of views and comments that | 11 | | might not
otherwise be submitted or (ii) the agency receives a | 12 | | request for a public
hearing, within the first 14 days after | 13 | | publication of the notice of
proposed rulemaking in the | 14 | | Illinois Register, from 25 interested persons,
an association | 15 | | representing at least 100 interested persons, the Governor,
the | 16 | | Joint Committee on Administrative Rules, or a unit of local | 17 | | government
that may be affected. At the public hearing, the | 18 | | agency shall allow
interested persons to present views and | 19 | | comments on the proposed
rulemaking. A public hearing in | 20 | | response to a request for a hearing may
not be held less than | 21 | | 20 days after the publication of the notice of
proposed | 22 | | rulemaking in the Illinois Register unless notice of the public
| 23 | | hearing is included in the notice of proposed rulemaking. A | 24 | | public hearing
on proposed rulemaking may not be held less than | 25 | | 5 days before submission
of the notice required under | 26 | | subsection (c) of this Section to the Joint
Committee on |
| | | 10000HB3222sam002 | - 4 - | LRB100 11133 RJF 26659 a |
|
| 1 | | Administrative Rules. Each agency may prescribe reasonable
| 2 | | rules for the conduct of public hearings on proposed rulemaking | 3 | | to prevent
undue repetition at the hearings. The hearings must | 4 | | be open to the public
and recorded by stenographic or | 5 | | mechanical means.
At least one agency representative shall be | 6 | | present during the hearing who
is qualified to respond to | 7 | | general questions from the public regarding the
agency's | 8 | | proposal and the rulemaking process.
| 9 | | (b-5) When a Public Act includes a deadline for the | 10 | | adoption of rules, if an agency fails to provide first notice | 11 | | of its intended action before the deadline established in the | 12 | | Public Act under which the agency is making the rule or rules | 13 | | in question, then the Secretary, Director, or other chief | 14 | | executive officer of that agency shall appear, or in the case | 15 | | of a constitutional officer, that constitutional officer, or | 16 | | his or her designee, shall appear on behalf of the agency | 17 | | before the Joint Committee on Administrative Rules on second | 18 | | notice to explain that agency's failure to comply with the | 19 | | deadline. When an agency is required to implement a Public Act | 20 | | that does not provide a deadline by which the agency is | 21 | | required to adopt rules, and the agency fails to give first | 22 | | notice of its intended rulemaking within one year from the | 23 | | effective date of the Public Act to be implemented, the | 24 | | Secretary, Director, or other chief executive officer of that | 25 | | agency shall appear, or in the case of a constitutional | 26 | | officer, that constitutional officer, or his or her designee, |
| | | 10000HB3222sam002 | - 5 - | LRB100 11133 RJF 26659 a |
|
| 1 | | shall appear on behalf of the agency before the Joint Committee | 2 | | on Administrative Rules on second notice to explain that | 3 | | agency's failure to provide first notice within one year from | 4 | | that effective date. | 5 | | (c) Each agency shall provide additional notice of the | 6 | | proposed rulemaking
to the Joint Committee on Administrative | 7 | | Rules. The period commencing on
the day written notice is | 8 | | received by the Joint Committee shall be known as
the second | 9 | | notice period and shall expire 45 days thereafter unless before
| 10 | | that time the agency and the Joint Committee have agreed to | 11 | | extend the
second notice period beyond 45 days for a period not | 12 | | to exceed an
additional 45 days or unless the agency has | 13 | | received a statement of
objection from the Joint Committee or | 14 | | notification from the Joint Committee
that no objection will be | 15 | | issued. The written notice to the Joint
Committee shall include | 16 | | (i) the text and location of any changes made to
the proposed | 17 | | rulemaking during the first notice period in a form prescribed
| 18 | | by the Joint Committee; (ii) for all
proposed rules and | 19 | | proposed amendments to rules, a final regulatory
flexibility | 20 | | analysis containing a summary of issues raised by small
| 21 | | businesses during the first notice period and a description of | 22 | | actions
taken on any alternatives to the proposed rule | 23 | | suggested by small
businesses during the first notice period, | 24 | | including reasons for rejecting
any alternatives not utilized; | 25 | | and (iii) if a written request has been made
by the Joint | 26 | | Committee within 30 days after initial notice appears in the
|
| | | 10000HB3222sam002 | - 6 - | LRB100 11133 RJF 26659 a |
|
| 1 | | Illinois Register under subsection (b) of this Section, an | 2 | | analysis of the
economic and budgetary effects of the proposed | 3 | | rulemaking. After
commencement of the second notice period, no | 4 | | substantive change may be made
to a proposed rulemaking unless | 5 | | it is made in response to an objection or
suggestion of the | 6 | | Joint Committee. The agency shall also send a copy of
the final | 7 | | regulatory flexibility analysis to each small business that has
| 8 | | presented views or comments on the proposed rulemaking during | 9 | | the first
notice period and to any other interested person who | 10 | | requests a copy. The
agency may charge a reasonable fee for | 11 | | providing the copies to cover postage
and handling costs.
| 12 | | (d) After the expiration of the second notice period, after | 13 | | notification
from the Joint Committee that no objection will be | 14 | | issued, or after a
response by the agency to a statement of | 15 | | objections issued by the Joint
Committee, whichever is | 16 | | applicable, the agency shall file, under Section
5-65, a | 17 | | certified copy of each rule, modification, or repeal of any | 18 | | rule
adopted by it. The copy shall be published in the Illinois | 19 | | Register. Each
rule hereafter adopted under this Section is | 20 | | effective upon filing unless a
later effective date is required | 21 | | by statute or is specified in the
rulemaking.
| 22 | | (e) No rule or modification or repeal of any rule may be | 23 | | adopted, or filed
with the Secretary of State, more than one | 24 | | year after the date the first
notice period for the rulemaking | 25 | | under subsection (b) commenced. Any
period during which the | 26 | | rulemaking is prohibited from being filed under
Section 5-115 |
| | | 10000HB3222sam002 | - 7 - | LRB100 11133 RJF 26659 a |
|
| 1 | | shall not be considered in calculating this one-year time | 2 | | period.
| 3 | | (Source: P.A. 92-330, eff. 1-1-02 .)".
|
|