Full Text of HB4237 100th General Assembly
HB4237sam002 100TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 5/24/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4237
| 2 | | AMENDMENT NO. ______. Amend House Bill 4237, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment No. | 4 | | 1, on page 10, immediately below line 2, by inserting the | 5 | | following:
| 6 | | "Section 895. The Illinois Administrative Procedure Act is | 7 | | amended by changing Section 5-45 as follows: | 8 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 9 | | Sec. 5-45. Emergency rulemaking. | 10 | | (a) "Emergency" means the existence of any situation that | 11 | | any agency
finds reasonably constitutes a threat to the public | 12 | | interest, safety, or
welfare. | 13 | | (b) If any agency finds that an
emergency exists that | 14 | | requires adoption of a rule upon fewer days than
is required by | 15 | | Section 5-40 and states in writing its reasons for that
| 16 | | finding, the agency may adopt an emergency rule without prior |
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| 1 | | notice or
hearing upon filing a notice of emergency rulemaking | 2 | | with the Secretary of
State under Section 5-70. The notice | 3 | | shall include the text of the
emergency rule and shall be | 4 | | published in the Illinois Register. Consent
orders or other | 5 | | court orders adopting settlements negotiated by an agency
may | 6 | | be adopted under this Section. Subject to applicable | 7 | | constitutional or
statutory provisions, an emergency rule | 8 | | becomes effective immediately upon
filing under Section 5-65 or | 9 | | at a stated date less than 10 days
thereafter. The agency's | 10 | | finding and a statement of the specific reasons
for the finding | 11 | | shall be filed with the rule. The agency shall take
reasonable | 12 | | and appropriate measures to make emergency rules known to the
| 13 | | persons who may be affected by them. | 14 | | (c) An emergency rule may be effective for a period of not | 15 | | longer than
150 days, but the agency's authority to adopt an | 16 | | identical rule under Section
5-40 is not precluded. No | 17 | | emergency rule may be adopted more
than once in any 24-month | 18 | | period, except that this limitation on the number
of emergency | 19 | | rules that may be adopted in a 24-month period does not apply
| 20 | | to (i) emergency rules that make additions to and deletions | 21 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 22 | | Public Aid Code or the
generic drug formulary under Section | 23 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 24 | | emergency rules adopted by the Pollution Control
Board before | 25 | | July 1, 1997 to implement portions of the Livestock Management
| 26 | | Facilities Act, (iii) emergency rules adopted by the Illinois |
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| 1 | | Department of Public Health under subsections (a) through (i) | 2 | | of Section 2 of the Department of Public Health Act when | 3 | | necessary to protect the public's health, (iv) emergency rules | 4 | | adopted pursuant to subsection (n) of this Section, (v) | 5 | | emergency rules adopted pursuant to subsection (o) of this | 6 | | Section, or (vi) emergency rules adopted pursuant to subsection | 7 | | (c-5) of this Section. Two or more emergency rules having | 8 | | substantially the same
purpose and effect shall be deemed to be | 9 | | a single rule for purposes of this
Section. | 10 | | (c-5) To facilitate the maintenance of the program of group | 11 | | health benefits provided to annuitants, survivors, and retired | 12 | | employees under the State Employees Group Insurance Act of | 13 | | 1971, rules to alter the contributions to be paid by the State, | 14 | | annuitants, survivors, retired employees, or any combination | 15 | | of those entities, for that program of group health benefits, | 16 | | shall be adopted as emergency rules. The adoption of those | 17 | | rules shall be considered an emergency and necessary for the | 18 | | public interest, safety, and welfare. | 19 | | (d) In order to provide for the expeditious and timely | 20 | | implementation
of the State's fiscal year 1999 budget, | 21 | | emergency rules to implement any
provision of Public Act 90-587 | 22 | | or 90-588
or any other budget initiative for fiscal year 1999 | 23 | | may be adopted in
accordance with this Section by the agency | 24 | | charged with administering that
provision or initiative, | 25 | | except that the 24-month limitation on the adoption
of | 26 | | emergency rules and the provisions of Sections 5-115 and 5-125 |
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| 1 | | do not apply
to rules adopted under this subsection (d). The | 2 | | adoption of emergency rules
authorized by this subsection (d) | 3 | | shall be deemed to be necessary for the
public interest, | 4 | | safety, and welfare. | 5 | | (e) In order to provide for the expeditious and timely | 6 | | implementation
of the State's fiscal year 2000 budget, | 7 | | emergency rules to implement any
provision of Public Act 91-24
| 8 | | or any other budget initiative for fiscal year 2000 may be | 9 | | adopted in
accordance with this Section by the agency charged | 10 | | with administering that
provision or initiative, except that | 11 | | the 24-month limitation on the adoption
of emergency rules and | 12 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 13 | | rules adopted under this subsection (e). The adoption of | 14 | | emergency rules
authorized by this subsection (e) shall be | 15 | | deemed to be necessary for the
public interest, safety, and | 16 | | welfare. | 17 | | (f) In order to provide for the expeditious and timely | 18 | | implementation
of the State's fiscal year 2001 budget, | 19 | | emergency rules to implement any
provision of Public Act 91-712
| 20 | | or any other budget initiative for fiscal year 2001 may be | 21 | | adopted in
accordance with this Section by the agency charged | 22 | | with administering that
provision or initiative, except that | 23 | | the 24-month limitation on the adoption
of emergency rules and | 24 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 25 | | rules adopted under this subsection (f). The adoption of | 26 | | emergency rules
authorized by this subsection (f) shall be |
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| 1 | | deemed to be necessary for the
public interest, safety, and | 2 | | welfare. | 3 | | (g) In order to provide for the expeditious and timely | 4 | | implementation
of the State's fiscal year 2002 budget, | 5 | | emergency rules to implement any
provision of Public Act 92-10
| 6 | | or any other budget initiative for fiscal year 2002 may be | 7 | | adopted in
accordance with this Section by the agency charged | 8 | | with administering that
provision or initiative, except that | 9 | | the 24-month limitation on the adoption
of emergency rules and | 10 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 11 | | rules adopted under this subsection (g). The adoption of | 12 | | emergency rules
authorized by this subsection (g) shall be | 13 | | deemed to be necessary for the
public interest, safety, and | 14 | | welfare. | 15 | | (h) In order to provide for the expeditious and timely | 16 | | implementation
of the State's fiscal year 2003 budget, | 17 | | emergency rules to implement any
provision of Public Act 92-597
| 18 | | or any other budget initiative for fiscal year 2003 may be | 19 | | adopted in
accordance with this Section by the agency charged | 20 | | with administering that
provision or initiative, except that | 21 | | the 24-month limitation on the adoption
of emergency rules and | 22 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 23 | | rules adopted under this subsection (h). The adoption of | 24 | | emergency rules
authorized by this subsection (h) shall be | 25 | | deemed to be necessary for the
public interest, safety, and | 26 | | welfare. |
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| 1 | | (i) In order to provide for the expeditious and timely | 2 | | implementation
of the State's fiscal year 2004 budget, | 3 | | emergency rules to implement any
provision of Public Act 93-20
| 4 | | or any other budget initiative for fiscal year 2004 may be | 5 | | adopted in
accordance with this Section by the agency charged | 6 | | with administering that
provision or initiative, except that | 7 | | the 24-month limitation on the adoption
of emergency rules and | 8 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 9 | | rules adopted under this subsection (i). The adoption of | 10 | | emergency rules
authorized by this subsection (i) shall be | 11 | | deemed to be necessary for the
public interest, safety, and | 12 | | welfare. | 13 | | (j) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of the State's fiscal year | 15 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 16 | | Implementation (Human Services) Act, emergency rules to | 17 | | implement any provision of the Fiscal Year 2005 Budget | 18 | | Implementation (Human Services) Act may be adopted in | 19 | | accordance with this Section by the agency charged with | 20 | | administering that provision, except that the 24-month | 21 | | limitation on the adoption of emergency rules and the | 22 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 23 | | adopted under this subsection (j). The Department of Public Aid | 24 | | may also adopt rules under this subsection (j) necessary to | 25 | | administer the Illinois Public Aid Code and the Children's | 26 | | Health Insurance Program Act. The adoption of emergency rules |
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| 1 | | authorized by this subsection (j) shall be deemed to be | 2 | | necessary for the public interest, safety, and welfare.
| 3 | | (k) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of the State's fiscal year | 5 | | 2006 budget, emergency rules to implement any provision of | 6 | | Public Act 94-48 or any other budget initiative for fiscal year | 7 | | 2006 may be adopted in accordance with this Section by the | 8 | | agency charged with administering that provision or | 9 | | initiative, except that the 24-month limitation on the adoption | 10 | | of emergency rules and the provisions of Sections 5-115 and | 11 | | 5-125 do not apply to rules adopted under this subsection (k). | 12 | | The Department of Healthcare and Family Services may also adopt | 13 | | rules under this subsection (k) necessary to administer the | 14 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 15 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 16 | | Disabled Persons Prescription Drug Discount Program Act (now | 17 | | the Illinois Prescription Drug Discount Program Act), and the | 18 | | Children's Health Insurance Program Act. The adoption of | 19 | | emergency rules authorized by this subsection (k) shall be | 20 | | deemed to be necessary for the public interest, safety, and | 21 | | welfare.
| 22 | | (l) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the
State's fiscal year | 24 | | 2007 budget, the Department of Healthcare and Family Services | 25 | | may adopt emergency rules during fiscal year 2007, including | 26 | | rules effective July 1, 2007, in
accordance with this |
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| 1 | | subsection to the extent necessary to administer the | 2 | | Department's responsibilities with respect to amendments to | 3 | | the State plans and Illinois waivers approved by the federal | 4 | | Centers for Medicare and Medicaid Services necessitated by the | 5 | | requirements of Title XIX and Title XXI of the federal Social | 6 | | Security Act. The adoption of emergency rules
authorized by | 7 | | this subsection (l) shall be deemed to be necessary for the | 8 | | public interest,
safety, and welfare.
| 9 | | (m) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of the
State's fiscal year | 11 | | 2008 budget, the Department of Healthcare and Family Services | 12 | | may adopt emergency rules during fiscal year 2008, including | 13 | | rules effective July 1, 2008, in
accordance with this | 14 | | subsection to the extent necessary to administer the | 15 | | Department's responsibilities with respect to amendments to | 16 | | the State plans and Illinois waivers approved by the federal | 17 | | Centers for Medicare and Medicaid Services necessitated by the | 18 | | requirements of Title XIX and Title XXI of the federal Social | 19 | | Security Act. The adoption of emergency rules
authorized by | 20 | | this subsection (m) shall be deemed to be necessary for the | 21 | | public interest,
safety, and welfare.
| 22 | | (n) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the State's fiscal year | 24 | | 2010 budget, emergency rules to implement any provision of | 25 | | Public Act 96-45 or any other budget initiative authorized by | 26 | | the 96th General Assembly for fiscal year 2010 may be adopted |
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| 1 | | in 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 or any other budget initiative authorized by | 12 | | the 96th General Assembly for fiscal year 2011 may be adopted | 13 | | in accordance with this Section by the agency charged with | 14 | | administering that provision or initiative. The adoption of | 15 | | emergency rules authorized by this subsection (o) is deemed to | 16 | | be necessary for the public interest, safety, and welfare. The | 17 | | rulemaking authority granted in this subsection (o) applies | 18 | | only to rules promulgated on or after July 1, 2010 (the | 19 | | effective date of Public Act 96-958) through June 30, 2011. | 20 | | (p) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Public Act 97-689, | 22 | | emergency rules to implement any provision of Public Act 97-689 | 23 | | may be adopted in accordance with this subsection (p) by the | 24 | | agency charged with administering that provision or | 25 | | initiative. The 150-day limitation of the effective period of | 26 | | emergency rules does not apply to rules adopted under this |
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| 1 | | subsection (p), and the effective period may continue through | 2 | | June 30, 2013. The 24-month limitation on the adoption of | 3 | | emergency rules does not apply to rules adopted under this | 4 | | subsection (p). The adoption of emergency rules authorized by | 5 | | this subsection (p) is deemed to be necessary for the public | 6 | | interest, safety, and welfare. | 7 | | (q) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 9 | | 12 of Public Act 98-104, emergency rules to implement any | 10 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 11 | | may be adopted in accordance with this subsection (q) by the | 12 | | agency charged with administering that provision or | 13 | | initiative. The 24-month limitation on the adoption of | 14 | | emergency rules does not apply to rules adopted under this | 15 | | subsection (q). The adoption of emergency rules authorized by | 16 | | this subsection (q) is deemed to be necessary for the public | 17 | | interest, safety, and welfare. | 18 | | (r) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Public Act 98-651, | 20 | | emergency rules to implement Public Act 98-651 may be adopted | 21 | | in accordance with this subsection (r) by the Department of | 22 | | Healthcare and Family Services. The 24-month limitation on the | 23 | | adoption of emergency rules does not apply to rules adopted | 24 | | under this subsection (r). The adoption of emergency rules | 25 | | authorized by this subsection (r) is deemed to be necessary for | 26 | | the public 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, emergency rules to implement the changes made by Article | 17 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 18 | | be adopted in accordance with this subsection (t) by the | 19 | | Department of State Police. The rulemaking authority granted in | 20 | | this subsection (t) shall apply only to those rules adopted | 21 | | prior to July 1, 2016. The 24-month limitation on the adoption | 22 | | of emergency rules does not apply to rules adopted under this | 23 | | subsection (t). The adoption of emergency rules authorized by | 24 | | this subsection (t) is deemed to be necessary for the public | 25 | | interest, safety, and welfare. | 26 | | (u) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of the Burn Victims Relief | 2 | | Act, emergency rules to implement any provision of the Act may | 3 | | be adopted in accordance with this subsection (u) by the | 4 | | Department of Insurance. The rulemaking authority granted in | 5 | | this subsection (u) shall apply only to those rules adopted | 6 | | prior to December 31, 2015. The adoption of emergency rules | 7 | | authorized by this subsection (u) is deemed to be necessary for | 8 | | the public interest, safety, and welfare. | 9 | | (v) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of Public Act 99-516, | 11 | | emergency rules to implement Public Act 99-516 may be adopted | 12 | | in accordance with this subsection (v) by the Department of | 13 | | Healthcare and Family Services. The 24-month limitation on the | 14 | | adoption of emergency rules does not apply to rules adopted | 15 | | under this subsection (v). The adoption of emergency rules | 16 | | authorized by this subsection (v) is deemed to be necessary for | 17 | | the public interest, safety, and welfare. | 18 | | (w) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Public Act 99-796, | 20 | | emergency rules to implement the changes made by Public Act | 21 | | 99-796 may be adopted in accordance with this subsection (w) by | 22 | | the Adjutant General. The adoption of emergency rules | 23 | | authorized by this subsection (w) is deemed to be necessary for | 24 | | the public interest, safety, and welfare. | 25 | | (x) In order to provide for the expeditious and timely | 26 | | implementation of the provisions of Public Act 99-906, |
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| 1 | | emergency rules to implement subsection (i) of Section 16-115D, | 2 | | subsection (g) of Section 16-128A, and subsection (a) of | 3 | | Section 16-128B of the Public Utilities Act may be adopted in | 4 | | accordance with this subsection (x) by the Illinois Commerce | 5 | | Commission. The rulemaking authority granted in this | 6 | | subsection (x) shall apply only to those rules adopted within | 7 | | 180 days after June 1, 2017 (the effective date of Public Act | 8 | | 99-906). The adoption of emergency rules authorized by this | 9 | | subsection (x) is deemed to be necessary for the public | 10 | | interest, safety, and welfare. | 11 | | (y) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of this amendatory Act of the | 13 | | 100th General Assembly, emergency rules to implement the | 14 | | changes made by this amendatory Act of the 100th General | 15 | | Assembly to Section 4.02 of the Illinois Act on Aging, Sections | 16 | | 5.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30 | 17 | | of the Alcoholism and Other Drug Abuse and Dependency Act, and | 18 | | Sections 74 and 75 of the Mental Health and Developmental | 19 | | Disabilities Administrative Act may be adopted in accordance | 20 | | with this subsection (y) by the respective Department. The | 21 | | adoption of emergency rules authorized by this subsection (y) | 22 | | is deemed to be necessary for the public interest, safety, and | 23 | | welfare. | 24 | | (z) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of this amendatory Act of the | 26 | | 100th General Assembly, emergency rules to implement the |
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| 1 | | changes made by this amendatory Act of the 100th General | 2 | | Assembly to Section 4.7 of the Lobbyist Registration Act may be | 3 | | adopted in accordance with this subsection (z) by the Secretary | 4 | | of State. The adoption of emergency rules authorized by this | 5 | | subsection (z) is deemed to be necessary for the public | 6 | | interest, safety, and welfare. | 7 | | (aa) In order to provide for the expeditious and timely | 8 | | initial implementation of the changes made to Articles 5, 5A, | 9 | | 12, and 14 of the Illinois Public Aid Code under the provisions | 10 | | of this amendatory Act of the 100th General Assembly, the | 11 | | Department of Healthcare and Family Services may adopt | 12 | | emergency rules in accordance with this subsection (aa). The | 13 | | 24-month limitation on the adoption of emergency rules does not | 14 | | apply to rules to initially implement the changes made to | 15 | | Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code | 16 | | adopted under this subsection (aa). The adoption of emergency | 17 | | rules authorized by this subsection (aa) is deemed to be | 18 | | necessary for the public interest, safety, and welfare. | 19 | | (bb) In order to provide for the expeditious and timely | 20 | | implementation of the provisions of this amendatory Act of the | 21 | | 100th General Assembly, emergency rules to administer the | 22 | | Illinois Education Excellence Fund, as provided in Section | 23 | | 6z-105 of the State Finance Act, may be adopted in accordance | 24 | | with this subsection (bb) by the Treasurer. The adoption of | 25 | | emergency rules authorized by this subsection (bb) is deemed to | 26 | | be necessary for the public interest, safety, and welfare. |
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| 1 | | (Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143, | 2 | | eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16; | 3 | | 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17; | 4 | | 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff. | 5 | | 3-12-18.)"; and
| 6 | | on page 11, line 5, after " rules ", by inserting " , including | 7 | | emergency rules under subsection (bb) of Section 5-45 of the | 8 | | Illinois Administrative Procedure Act, "; and | 9 | | on page 11, line 7, after " deductions. ", by inserting " The | 10 | | General Assembly finds that the adoption of rules to implement | 11 | | this Section is deemed an emergency and necessary for the | 12 | | public interest, safety, and welfare. ".
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