Full Text of SB0691 100th General Assembly
SB0691sam002 100TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 3/6/2017
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| 1 | | AMENDMENT TO SENATE BILL 691
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 691, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment No. | 4 | | 1 as follows:
| 5 | | on page 1, immediately below line 3, by inserting the | 6 | | following: | 7 | | "Section 3. The Illinois Administrative Procedure Act is | 8 | | amended by changing Section 5-45 as follows: | 9 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 10 | | (Text of Section before amendment by P.A. 99-906 ) | 11 | | Sec. 5-45. Emergency rulemaking. | 12 | | (a) "Emergency" means the existence of any situation that | 13 | | any agency
finds reasonably constitutes a threat to the public | 14 | | interest, safety, or
welfare. | 15 | | (b) If any agency finds that an
emergency exists that |
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| 1 | | requires adoption of a rule upon fewer days than
is required by | 2 | | Section 5-40 and states in writing its reasons for that
| 3 | | finding, the agency may adopt an emergency rule without prior | 4 | | notice or
hearing upon filing a notice of emergency rulemaking | 5 | | with the Secretary of
State under Section 5-70. The notice | 6 | | shall include the text of the
emergency rule and shall be | 7 | | published in the Illinois Register. Consent
orders or other | 8 | | court orders adopting settlements negotiated by an agency
may | 9 | | be adopted under this Section. Subject to applicable | 10 | | constitutional or
statutory provisions, an emergency rule | 11 | | becomes effective immediately upon
filing under Section 5-65 or | 12 | | at a stated date less than 10 days
thereafter. The agency's | 13 | | finding and a statement of the specific reasons
for the finding | 14 | | shall be filed with the rule. The agency shall take
reasonable | 15 | | and appropriate measures to make emergency rules known to the
| 16 | | persons who may be affected by them. | 17 | | (c) An emergency rule may be effective for a period of not | 18 | | longer than
150 days, but the agency's authority to adopt an | 19 | | identical rule under Section
5-40 is not precluded. No | 20 | | emergency rule may be adopted more
than once in any 24-month 24 | 21 | | month period, except that this limitation on the number
of | 22 | | emergency rules that may be adopted in a 24-month 24 month | 23 | | period does not apply
to (i) emergency rules that make | 24 | | additions to and deletions from the Drug
Manual under Section | 25 | | 5-5.16 of the Illinois Public Aid Code or the
generic drug | 26 | | formulary under Section 3.14 of the Illinois Food, Drug
and |
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| 1 | | Cosmetic Act, (ii) emergency rules adopted by the Pollution | 2 | | Control
Board before July 1, 1997 to implement portions of the | 3 | | Livestock Management
Facilities Act, (iii) emergency rules | 4 | | adopted by the Illinois Department of Public Health under | 5 | | subsections (a) through (i) of Section 2 of the Department of | 6 | | Public Health Act when necessary to protect the public's | 7 | | health, (iv) emergency rules adopted pursuant to subsection (n) | 8 | | of this Section, (v) emergency rules adopted pursuant to | 9 | | subsection (o) of this Section, or (vi) emergency rules adopted | 10 | | pursuant to subsection (c-5) of this Section. Two or more | 11 | | emergency rules having substantially the same
purpose and | 12 | | effect shall be deemed to be a single rule for purposes of this
| 13 | | Section. | 14 | | (c-5) To facilitate the maintenance of the program of group | 15 | | health benefits provided to annuitants, survivors, and retired | 16 | | employees under the State Employees Group Insurance Act of | 17 | | 1971, rules to alter the contributions to be paid by the State, | 18 | | annuitants, survivors, retired employees, or any combination | 19 | | of those entities, for that program of group health benefits, | 20 | | shall be adopted as emergency rules. The adoption of those | 21 | | rules shall be considered an emergency and necessary for the | 22 | | public interest, safety, and welfare. | 23 | | (d) In order to provide for the expeditious and timely | 24 | | implementation
of the State's fiscal year 1999 budget, | 25 | | emergency rules to implement any
provision of Public Act 90-587 | 26 | | or 90-588
or any other budget initiative for fiscal year 1999 |
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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 (d). The | 6 | | adoption of emergency rules
authorized by this subsection (d) | 7 | | shall be deemed to be necessary for the
public interest, | 8 | | safety, and welfare. | 9 | | (e) In order to provide for the expeditious and timely | 10 | | implementation
of the State's fiscal year 2000 budget, | 11 | | emergency rules to implement any
provision of Public Act 91-24
| 12 | | or any other budget initiative for fiscal year 2000 may be | 13 | | adopted in
accordance with this Section by the agency charged | 14 | | with administering that
provision or initiative, except that | 15 | | the 24-month limitation on the adoption
of emergency rules and | 16 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 17 | | rules adopted under this subsection (e). The adoption of | 18 | | emergency rules
authorized by this subsection (e) shall be | 19 | | deemed to be necessary for the
public interest, safety, and | 20 | | welfare. | 21 | | (f) In order to provide for the expeditious and timely | 22 | | implementation
of the State's fiscal year 2001 budget, | 23 | | emergency rules to implement any
provision of Public Act 91-712
| 24 | | or any other budget initiative for fiscal year 2001 may be | 25 | | adopted in
accordance with this Section by the agency charged | 26 | | with administering that
provision or initiative, except that |
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| 1 | | the 24-month limitation on the adoption
of emergency rules and | 2 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 3 | | rules adopted under this subsection (f). The adoption of | 4 | | emergency rules
authorized by this subsection (f) shall be | 5 | | deemed to be necessary for the
public interest, safety, and | 6 | | welfare. | 7 | | (g) In order to provide for the expeditious and timely | 8 | | implementation
of the State's fiscal year 2002 budget, | 9 | | emergency rules to implement any
provision of Public Act 92-10
| 10 | | or any other budget initiative for fiscal year 2002 may be | 11 | | adopted in
accordance with this Section by the agency charged | 12 | | with administering that
provision or initiative, except that | 13 | | the 24-month limitation on the adoption
of emergency rules and | 14 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 15 | | rules adopted under this subsection (g). The adoption of | 16 | | emergency rules
authorized by this subsection (g) shall be | 17 | | deemed to be necessary for the
public interest, safety, and | 18 | | welfare. | 19 | | (h) In order to provide for the expeditious and timely | 20 | | implementation
of the State's fiscal year 2003 budget, | 21 | | emergency rules to implement any
provision of Public Act 92-597
| 22 | | or any other budget initiative for fiscal year 2003 may be | 23 | | adopted in
accordance with this Section by the agency charged | 24 | | with administering that
provision or initiative, except that | 25 | | the 24-month limitation on the adoption
of emergency rules and | 26 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
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| 1 | | rules adopted under this subsection (h). The adoption of | 2 | | emergency rules
authorized by this subsection (h) shall be | 3 | | deemed to be necessary for the
public interest, safety, and | 4 | | welfare. | 5 | | (i) In order to provide for the expeditious and timely | 6 | | implementation
of the State's fiscal year 2004 budget, | 7 | | emergency rules to implement any
provision of Public Act 93-20
| 8 | | or any other budget initiative for fiscal year 2004 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 (i). The adoption of | 14 | | emergency rules
authorized by this subsection (i) shall be | 15 | | deemed to be necessary for the
public interest, safety, and | 16 | | welfare. | 17 | | (j) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of the State's fiscal year | 19 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 20 | | Implementation (Human Services) Act, emergency rules to | 21 | | implement any provision of the Fiscal Year 2005 Budget | 22 | | Implementation (Human Services) Act may be adopted in | 23 | | accordance with this Section by the agency charged with | 24 | | administering that provision, except that the 24-month | 25 | | limitation on the adoption of emergency rules and the | 26 | | provisions of Sections 5-115 and 5-125 do not apply to rules |
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| 1 | | adopted under this subsection (j). The Department of Public Aid | 2 | | may also adopt rules under this subsection (j) necessary to | 3 | | administer the Illinois Public Aid Code and the Children's | 4 | | Health Insurance Program Act. The adoption of emergency rules | 5 | | authorized by this subsection (j) shall be deemed to be | 6 | | necessary for the public interest, safety, and welfare.
| 7 | | (k) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of the State's fiscal year | 9 | | 2006 budget, emergency rules to implement any provision of | 10 | | Public Act 94-48 or any other budget initiative for fiscal year | 11 | | 2006 may be adopted in accordance with this Section by the | 12 | | agency charged with administering that provision or | 13 | | initiative, except that the 24-month limitation on the adoption | 14 | | of emergency rules and the provisions of Sections 5-115 and | 15 | | 5-125 do not apply to rules adopted under this subsection (k). | 16 | | The Department of Healthcare and Family Services may also adopt | 17 | | rules under this subsection (k) necessary to administer the | 18 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 19 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 20 | | Disabled Persons Prescription Drug Discount Program Act (now | 21 | | the Illinois Prescription Drug Discount Program Act), and the | 22 | | Children's Health Insurance Program Act. The adoption of | 23 | | emergency rules authorized by this subsection (k) shall be | 24 | | deemed to be necessary for the public interest, safety, and | 25 | | welfare.
| 26 | | (l) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of the
State's fiscal year | 2 | | 2007 budget, the Department of Healthcare and Family Services | 3 | | may adopt emergency rules during fiscal year 2007, including | 4 | | rules effective July 1, 2007, in
accordance with this | 5 | | subsection to the extent necessary to administer the | 6 | | Department's responsibilities with respect to amendments to | 7 | | the State plans and Illinois waivers approved by the federal | 8 | | Centers for Medicare and Medicaid Services necessitated by the | 9 | | requirements of Title XIX and Title XXI of the federal Social | 10 | | Security Act. The adoption of emergency rules
authorized by | 11 | | this subsection (l) shall be deemed to be necessary for the | 12 | | public interest,
safety, and welfare.
| 13 | | (m) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of the
State's fiscal year | 15 | | 2008 budget, the Department of Healthcare and Family Services | 16 | | may adopt emergency rules during fiscal year 2008, including | 17 | | rules effective July 1, 2008, in
accordance with this | 18 | | subsection to the extent necessary to administer the | 19 | | Department's responsibilities with respect to amendments to | 20 | | the State plans and Illinois waivers approved by the federal | 21 | | Centers for Medicare and Medicaid Services necessitated by the | 22 | | requirements of Title XIX and Title XXI of the federal Social | 23 | | Security Act. The adoption of emergency rules
authorized by | 24 | | this subsection (m) shall be deemed to be necessary for the | 25 | | public interest,
safety, and welfare.
| 26 | | (n) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of the State's fiscal year | 2 | | 2010 budget, emergency rules to implement any provision of | 3 | | Public Act 96-45 or any other budget initiative authorized by | 4 | | the 96th General Assembly for fiscal year 2010 may be adopted | 5 | | in accordance with this Section by the agency charged with | 6 | | administering that provision or initiative. The adoption of | 7 | | emergency rules authorized by this subsection (n) shall be | 8 | | deemed to be necessary for the public interest, safety, and | 9 | | welfare. The rulemaking authority granted in this subsection | 10 | | (n) shall apply only to rules promulgated during Fiscal Year | 11 | | 2010. | 12 | | (o) In order to provide for the expeditious and timely | 13 | | implementation of the provisions of the State's fiscal year | 14 | | 2011 budget, emergency rules to implement any provision of | 15 | | Public Act 96-958 or any other budget initiative authorized by | 16 | | the 96th General Assembly for fiscal year 2011 may be adopted | 17 | | in accordance with this Section by the agency charged with | 18 | | administering that provision or initiative. The adoption of | 19 | | emergency rules authorized by this subsection (o) is deemed to | 20 | | be necessary for the public interest, safety, and welfare. The | 21 | | rulemaking authority granted in this subsection (o) applies | 22 | | only to rules promulgated on or after July 1, 2010 ( the | 23 | | effective date of Public Act 96-958 ) through June 30, 2011. | 24 | | (p) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of Public Act 97-689, | 26 | | emergency rules to implement any provision of Public Act 97-689 |
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| 1 | | may be adopted in accordance with this subsection (p) by the | 2 | | agency charged with administering that provision or | 3 | | initiative. The 150-day limitation of the effective period of | 4 | | emergency rules does not apply to rules adopted under this | 5 | | subsection (p), and the effective period may continue through | 6 | | June 30, 2013. The 24-month limitation on the adoption of | 7 | | emergency rules does not apply to rules adopted under this | 8 | | subsection (p). The adoption of emergency rules authorized by | 9 | | this subsection (p) is deemed to be necessary for the public | 10 | | interest, safety, and welfare. | 11 | | (q) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 13 | | 12 of Public Act 98-104, emergency rules to implement any | 14 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 15 | | may be adopted in accordance with this subsection (q) by the | 16 | | agency charged with administering that provision or | 17 | | initiative. The 24-month limitation on the adoption of | 18 | | emergency rules does not apply to rules adopted under this | 19 | | subsection (q). The adoption of emergency rules authorized by | 20 | | this subsection (q) is deemed to be necessary for the public | 21 | | interest, safety, and welfare. | 22 | | (r) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of Public Act 98-651, | 24 | | emergency rules to implement Public Act 98-651 may be adopted | 25 | | in accordance with this subsection (r) by the Department of | 26 | | Healthcare and Family Services. The 24-month limitation on the |
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| 1 | | adoption of emergency rules does not apply to rules adopted | 2 | | under this subsection (r). The adoption of emergency rules | 3 | | authorized by this subsection (r) is deemed to be necessary for | 4 | | the public interest, safety, and welfare. | 5 | | (s) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 7 | | the Illinois Public Aid Code, emergency rules to implement any | 8 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 9 | | Public Aid Code may be adopted in accordance with this | 10 | | subsection (s) by the Department of Healthcare and Family | 11 | | Services. The rulemaking authority granted in this subsection | 12 | | (s) shall apply only to those rules adopted prior to July 1, | 13 | | 2015. Notwithstanding any other provision of this Section, any | 14 | | emergency rule adopted under this subsection (s) shall only | 15 | | apply to payments made for State fiscal year 2015. The adoption | 16 | | of emergency rules authorized by this subsection (s) is deemed | 17 | | to be necessary for the public interest, safety, and welfare. | 18 | | (t) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Article II of Public Act | 20 | | 99-6, emergency rules to implement the changes made by Article | 21 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 22 | | be adopted in accordance with this subsection (t) by the | 23 | | Department of State Police. The rulemaking authority granted in | 24 | | this subsection (t) shall apply only to those rules adopted | 25 | | prior to July 1, 2016. The 24-month limitation on the adoption | 26 | | of emergency rules does not apply to rules adopted under this |
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| 1 | | subsection (t). The adoption of emergency rules authorized by | 2 | | this subsection (t) is deemed to be necessary for the public | 3 | | interest, safety, and welfare. | 4 | | (u) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of the Burn Victims Relief | 6 | | Act, emergency rules to implement any provision of the Act may | 7 | | be adopted in accordance with this subsection (u) by the | 8 | | Department of Insurance. The rulemaking authority granted in | 9 | | this subsection (u) shall apply only to those rules adopted | 10 | | prior to December 31, 2015. The adoption of emergency rules | 11 | | authorized by this subsection (u) is deemed to be necessary for | 12 | | the public interest, safety, and welfare. | 13 | | (v) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of Public Act 99-516 this | 15 | | amendatory Act of the 99th General Assembly , emergency rules to | 16 | | implement Public Act 99-516 this amendatory Act of the 99th | 17 | | General Assembly may be adopted in accordance with this | 18 | | subsection (v) by the Department of Healthcare and Family | 19 | | Services. The 24-month limitation on the adoption of emergency | 20 | | rules does not apply to rules adopted under this subsection | 21 | | (v). 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 | | (w) (v) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of Public Act 99-796 this | 26 | | amendatory Act of the 99th General Assembly , emergency rules to |
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| 1 | | implement the changes made by Public Act 99-796 this amendatory | 2 | | Act of the 99th General Assembly may be adopted in accordance | 3 | | with this subsection (w) (v) by the Adjutant General. The | 4 | | adoption of emergency rules authorized by this subsection (w) | 5 | | (v) is deemed to be necessary for the public interest, safety, | 6 | | and welfare. | 7 | | (x) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of this amendatory Act of the | 9 | | 100th General Assembly, emergency rules to implement any | 10 | | provision of this amendatory Act of the 100th General Assembly | 11 | | may be adopted in accordance with this subsection (x) by the | 12 | | Department of State Police, the Department of Transportation, | 13 | | the Illinois State Toll Highway Authority, and the Secretary of | 14 | | State. The rulemaking authority granted in this subsection (x) | 15 | | shall apply only to those rules adopted within 180 days after | 16 | | the effective date of this amendatory Act of the 100th General | 17 | | Assembly. The adoption of emergency rules authorized by this | 18 | | subsection (x) is deemed to be necessary for the public | 19 | | interest, safety, and welfare. | 20 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | 21 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | 22 | | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. | 23 | | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised | 24 | | 9-21-16.) | 25 | | (Text of Section after amendment by P.A. 99-906 ) |
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| 1 | | Sec. 5-45. Emergency rulemaking. | 2 | | (a) "Emergency" means the existence of any situation that | 3 | | any agency
finds reasonably constitutes a threat to the public | 4 | | interest, safety, or
welfare. | 5 | | (b) If any agency finds that an
emergency exists that | 6 | | requires adoption of a rule upon fewer days than
is required by | 7 | | Section 5-40 and states in writing its reasons for that
| 8 | | finding, the agency may adopt an emergency rule without prior | 9 | | notice or
hearing upon filing a notice of emergency rulemaking | 10 | | with the Secretary of
State under Section 5-70. The notice | 11 | | shall include the text of the
emergency rule and shall be | 12 | | published in the Illinois Register. Consent
orders or other | 13 | | court orders adopting settlements negotiated by an agency
may | 14 | | be adopted under this Section. Subject to applicable | 15 | | constitutional or
statutory provisions, an emergency rule | 16 | | becomes effective immediately upon
filing under Section 5-65 or | 17 | | at a stated date less than 10 days
thereafter. The agency's | 18 | | finding and a statement of the specific reasons
for the finding | 19 | | shall be filed with the rule. The agency shall take
reasonable | 20 | | and appropriate measures to make emergency rules known to the
| 21 | | persons who may be affected by them. | 22 | | (c) An emergency rule may be effective for a period of not | 23 | | longer than
150 days, but the agency's authority to adopt an | 24 | | identical rule under Section
5-40 is not precluded. No | 25 | | emergency rule may be adopted more
than once in any 24-month | 26 | | period, except that this limitation on the number
of emergency |
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| 1 | | rules that may be adopted in a 24-month period does not apply
| 2 | | to (i) emergency rules that make additions to and deletions | 3 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 4 | | Public Aid Code or the
generic drug formulary under Section | 5 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 6 | | emergency rules adopted by the Pollution Control
Board before | 7 | | July 1, 1997 to implement portions of the Livestock Management
| 8 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 9 | | Department of Public Health under subsections (a) through (i) | 10 | | of Section 2 of the Department of Public Health Act when | 11 | | necessary to protect the public's health, (iv) emergency rules | 12 | | adopted pursuant to subsection (n) of this Section, (v) | 13 | | emergency rules adopted pursuant to subsection (o) of this | 14 | | Section, or (vi) emergency rules adopted pursuant to subsection | 15 | | (c-5) of this Section. Two or more emergency rules having | 16 | | substantially the same
purpose and effect shall be deemed to be | 17 | | a single rule for purposes of this
Section. | 18 | | (c-5) To facilitate the maintenance of the program of group | 19 | | health benefits provided to annuitants, survivors, and retired | 20 | | employees under the State Employees Group Insurance Act of | 21 | | 1971, rules to alter the contributions to be paid by the State, | 22 | | annuitants, survivors, retired employees, or any combination | 23 | | of those entities, for that program of group health benefits, | 24 | | shall be adopted as emergency rules. The adoption of those | 25 | | rules shall be considered an emergency and necessary for the | 26 | | public interest, safety, and welfare. |
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| 1 | | (d) In order to provide for the expeditious and timely | 2 | | implementation
of the State's fiscal year 1999 budget, | 3 | | emergency rules to implement any
provision of Public Act 90-587 | 4 | | or 90-588
or any other budget initiative for fiscal year 1999 | 5 | | may be adopted in
accordance with this Section by the agency | 6 | | charged with administering that
provision or initiative, | 7 | | except that the 24-month limitation on the adoption
of | 8 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 9 | | do not apply
to rules adopted under this subsection (d). The | 10 | | adoption of emergency rules
authorized by this subsection (d) | 11 | | shall be deemed to be necessary for the
public interest, | 12 | | safety, and welfare. | 13 | | (e) In order to provide for the expeditious and timely | 14 | | implementation
of the State's fiscal year 2000 budget, | 15 | | emergency rules to implement any
provision of Public Act 91-24
| 16 | | or any other budget initiative for fiscal year 2000 may be | 17 | | adopted in
accordance with this Section by the agency charged | 18 | | with administering that
provision or initiative, except that | 19 | | the 24-month limitation on the adoption
of emergency rules and | 20 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 21 | | rules adopted under this subsection (e). The adoption of | 22 | | emergency rules
authorized by this subsection (e) shall be | 23 | | deemed to be necessary for the
public interest, safety, and | 24 | | welfare. | 25 | | (f) In order to provide for the expeditious and timely | 26 | | implementation
of the State's fiscal year 2001 budget, |
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| 1 | | emergency rules to implement any
provision of Public Act 91-712
| 2 | | or any other budget initiative for fiscal year 2001 may be | 3 | | adopted in
accordance with this Section by the agency charged | 4 | | with administering that
provision or initiative, except that | 5 | | the 24-month limitation on the adoption
of emergency rules and | 6 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 7 | | rules adopted under this subsection (f). The adoption of | 8 | | emergency rules
authorized by this subsection (f) shall be | 9 | | deemed to be necessary for the
public interest, safety, and | 10 | | welfare. | 11 | | (g) In order to provide for the expeditious and timely | 12 | | implementation
of the State's fiscal year 2002 budget, | 13 | | emergency rules to implement any
provision of Public Act 92-10
| 14 | | or any other budget initiative for fiscal year 2002 may be | 15 | | adopted in
accordance with this Section by the agency charged | 16 | | with administering that
provision or initiative, except that | 17 | | the 24-month limitation on the adoption
of emergency rules and | 18 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 19 | | rules adopted under this subsection (g). The adoption of | 20 | | emergency rules
authorized by this subsection (g) shall be | 21 | | deemed to be necessary for the
public interest, safety, and | 22 | | welfare. | 23 | | (h) In order to provide for the expeditious and timely | 24 | | implementation
of the State's fiscal year 2003 budget, | 25 | | emergency rules to implement any
provision of Public Act 92-597
| 26 | | or any other budget initiative for fiscal year 2003 may be |
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| 1 | | adopted in
accordance with this Section by the agency charged | 2 | | with administering that
provision or initiative, except that | 3 | | the 24-month limitation on the adoption
of emergency rules and | 4 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 5 | | rules adopted under this subsection (h). The adoption of | 6 | | emergency rules
authorized by this subsection (h) shall be | 7 | | deemed to be necessary for the
public interest, safety, and | 8 | | welfare. | 9 | | (i) In order to provide for the expeditious and timely | 10 | | implementation
of the State's fiscal year 2004 budget, | 11 | | emergency rules to implement any
provision of Public Act 93-20
| 12 | | or any other budget initiative for fiscal year 2004 may be | 13 | | adopted in
accordance with this Section by the agency charged | 14 | | with administering that
provision or initiative, except that | 15 | | the 24-month limitation on the adoption
of emergency rules and | 16 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 17 | | rules adopted under this subsection (i). The adoption of | 18 | | emergency rules
authorized by this subsection (i) shall be | 19 | | deemed to be necessary for the
public interest, safety, and | 20 | | welfare. | 21 | | (j) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of the State's fiscal year | 23 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 24 | | Implementation (Human Services) Act, emergency rules to | 25 | | implement any provision of the Fiscal Year 2005 Budget | 26 | | Implementation (Human Services) Act may be adopted in |
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| 1 | | accordance with this Section by the agency charged with | 2 | | administering that provision, except that the 24-month | 3 | | 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 (j). The Department of Public Aid | 6 | | may also adopt rules under this subsection (j) necessary to | 7 | | administer the Illinois Public Aid Code and the Children's | 8 | | Health Insurance Program Act. The adoption of emergency rules | 9 | | authorized by this subsection (j) shall be deemed to be | 10 | | necessary for the public interest, safety, and welfare.
| 11 | | (k) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of the State's fiscal year | 13 | | 2006 budget, emergency rules to implement any provision of | 14 | | Public Act 94-48 or any other budget initiative for fiscal year | 15 | | 2006 may be adopted in accordance with this Section by the | 16 | | agency charged with administering that provision or | 17 | | initiative, except that the 24-month limitation on the adoption | 18 | | of emergency rules and the provisions of Sections 5-115 and | 19 | | 5-125 do not apply to rules adopted under this subsection (k). | 20 | | The Department of Healthcare and Family Services may also adopt | 21 | | rules under this subsection (k) necessary to administer the | 22 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 23 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 24 | | Disabled Persons Prescription Drug Discount Program Act (now | 25 | | the Illinois Prescription Drug Discount Program Act), and the | 26 | | Children's Health Insurance Program Act. The adoption of |
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| 1 | | emergency rules authorized by this subsection (k) shall be | 2 | | deemed to be necessary for the public interest, safety, and | 3 | | welfare.
| 4 | | (l) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of the
State's fiscal year | 6 | | 2007 budget, the Department of Healthcare and Family Services | 7 | | may adopt emergency rules during fiscal year 2007, including | 8 | | rules effective July 1, 2007, in
accordance with this | 9 | | subsection to the extent necessary to administer the | 10 | | Department's responsibilities with respect to amendments to | 11 | | the State plans and Illinois waivers approved by the federal | 12 | | Centers for Medicare and Medicaid Services necessitated by the | 13 | | requirements of Title XIX and Title XXI of the federal Social | 14 | | Security Act. The adoption of emergency rules
authorized by | 15 | | this subsection (l) shall be deemed to be necessary for the | 16 | | public interest,
safety, and welfare.
| 17 | | (m) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of the
State's fiscal year | 19 | | 2008 budget, the Department of Healthcare and Family Services | 20 | | may adopt emergency rules during fiscal year 2008, including | 21 | | rules effective July 1, 2008, in
accordance with this | 22 | | subsection to the extent necessary to administer the | 23 | | Department's responsibilities with respect to amendments to | 24 | | the State plans and Illinois waivers approved by the federal | 25 | | Centers for Medicare and Medicaid Services necessitated by the | 26 | | requirements of Title XIX and Title XXI of the federal Social |
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| 1 | | Security Act. The adoption of emergency rules
authorized by | 2 | | this subsection (m) shall be deemed to be necessary for the | 3 | | public interest,
safety, and welfare.
| 4 | | (n) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of the State's fiscal year | 6 | | 2010 budget, emergency rules to implement any provision of | 7 | | Public Act 96-45 or any other budget initiative authorized by | 8 | | the 96th General Assembly for fiscal year 2010 may be adopted | 9 | | in 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 (n) shall be | 12 | | deemed to be necessary for the public interest, safety, and | 13 | | welfare. The rulemaking authority granted in this subsection | 14 | | (n) shall apply only to rules promulgated during Fiscal Year | 15 | | 2010. | 16 | | (o) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of the State's fiscal year | 18 | | 2011 budget, emergency rules to implement any provision of | 19 | | Public Act 96-958 or any other budget initiative authorized by | 20 | | the 96th General Assembly for fiscal year 2011 may be adopted | 21 | | in accordance with this Section by the agency charged with | 22 | | administering that provision or initiative. The adoption of | 23 | | emergency rules authorized by this subsection (o) is deemed to | 24 | | be necessary for the public interest, safety, and welfare. The | 25 | | rulemaking authority granted in this subsection (o) applies | 26 | | only to rules promulgated on or after July 1, 2010 (the |
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| 1 | | effective date of Public Act 96-958) through June 30, 2011. | 2 | | (p) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of Public Act 97-689, | 4 | | emergency rules to implement any provision of Public Act 97-689 | 5 | | may be adopted in accordance with this subsection (p) by the | 6 | | agency charged with administering that provision or | 7 | | initiative. The 150-day limitation of the effective period of | 8 | | emergency rules does not apply to rules adopted under this | 9 | | subsection (p), and the effective period may continue through | 10 | | June 30, 2013. The 24-month limitation on the adoption of | 11 | | emergency rules does not apply to rules adopted under this | 12 | | subsection (p). The adoption of emergency rules authorized by | 13 | | this subsection (p) is deemed to be necessary for the public | 14 | | interest, safety, and welfare. | 15 | | (q) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 17 | | 12 of Public Act 98-104, emergency rules to implement any | 18 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 19 | | may be adopted in accordance with this subsection (q) by the | 20 | | agency charged with administering that provision or | 21 | | initiative. The 24-month limitation on the adoption of | 22 | | emergency rules does not apply to rules adopted under this | 23 | | subsection (q). The adoption of emergency rules authorized by | 24 | | this subsection (q) is deemed to be necessary for the public | 25 | | interest, safety, and welfare. | 26 | | (r) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of Public Act 98-651, | 2 | | emergency rules to implement Public Act 98-651 may be adopted | 3 | | in accordance with this subsection (r) by the Department of | 4 | | Healthcare and Family Services. The 24-month limitation on the | 5 | | adoption of emergency rules does not apply to rules adopted | 6 | | under this subsection (r). The adoption of emergency rules | 7 | | authorized by this subsection (r) is deemed to be necessary for | 8 | | the public interest, safety, and welfare. | 9 | | (s) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 11 | | the Illinois Public Aid Code, emergency rules to implement any | 12 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 13 | | Public Aid Code may be adopted in accordance with this | 14 | | subsection (s) by the Department of Healthcare and Family | 15 | | Services. The rulemaking authority granted in this subsection | 16 | | (s) shall apply only to those rules adopted prior to July 1, | 17 | | 2015. Notwithstanding any other provision of this Section, any | 18 | | emergency rule adopted under this subsection (s) shall only | 19 | | apply to payments made for State fiscal year 2015. The adoption | 20 | | of emergency rules authorized by this subsection (s) is deemed | 21 | | to be necessary for the public interest, safety, and welfare. | 22 | | (t) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of Article II of Public Act | 24 | | 99-6, emergency rules to implement the changes made by Article | 25 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 26 | | be adopted in accordance with this subsection (t) by the |
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| 1 | | Department of State Police. The rulemaking authority granted in | 2 | | this subsection (t) shall apply only to those rules adopted | 3 | | prior to July 1, 2016. The 24-month limitation on the adoption | 4 | | of emergency rules does not apply to rules adopted under this | 5 | | subsection (t). The adoption of emergency rules authorized by | 6 | | this subsection (t) is deemed to be necessary for the public | 7 | | interest, safety, and welfare. | 8 | | (u) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of the Burn Victims Relief | 10 | | Act, emergency rules to implement any provision of the Act may | 11 | | be adopted in accordance with this subsection (u) by the | 12 | | Department of Insurance. The rulemaking authority granted in | 13 | | this subsection (u) shall apply only to those rules adopted | 14 | | prior to December 31, 2015. The adoption of emergency rules | 15 | | authorized by this subsection (u) is deemed to be necessary for | 16 | | the public interest, safety, and welfare. | 17 | | (v) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of Public Act 99-516, | 19 | | emergency rules to implement Public Act 99-516 may be adopted | 20 | | in accordance with this subsection (v) by the Department of | 21 | | Healthcare and Family Services. The 24-month limitation on the | 22 | | adoption of emergency rules does not apply to rules adopted | 23 | | under this subsection (v). The adoption of emergency rules | 24 | | authorized by this subsection (v) is deemed to be necessary for | 25 | | the public interest, safety, and welfare. | 26 | | (w) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of Public Act 99-796, | 2 | | emergency rules to implement the changes made by Public Act | 3 | | 99-796 may be adopted in accordance with this subsection (w) by | 4 | | the Adjutant General. The adoption of emergency rules | 5 | | authorized by this subsection (w) is deemed to be necessary for | 6 | | the public interest, safety, and welfare. | 7 | | (x) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of Public Act 99-906 this | 9 | | amendatory Act of the 99th General Assembly , emergency rules to | 10 | | implement subsection (i) of Section 16-115D, subsection (g) of | 11 | | Section 16-128A, and subsection (a) of Section 16-128B of the | 12 | | Public Utilities Act may be adopted in accordance with this | 13 | | subsection (x) by the Illinois Commerce Commission. The | 14 | | rulemaking authority granted in this subsection (x) shall apply | 15 | | only to those rules adopted within 180 days after June 1, 2017 | 16 | | ( the effective date of Public Act 99-906) this amendatory Act | 17 | | of the 99th General Assembly . The adoption of emergency rules | 18 | | authorized by this subsection (x) is deemed to be necessary for | 19 | | the public interest, safety, and welfare. | 20 | | (y) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of this amendatory Act of the | 22 | | 100th General Assembly, emergency rules to implement any | 23 | | provision of this amendatory Act of the 100th General Assembly | 24 | | may be adopted in accordance with this subsection (y) by the | 25 | | Department of State Police, the Department of Transportation, | 26 | | the Illinois State Toll Highway Authority, and the Secretary of |
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| 1 | | State. The rulemaking authority granted in this subsection (y) | 2 | | shall apply only to those rules adopted within 180 days after | 3 | | the effective date of this amendatory Act of the 100th General | 4 | | Assembly. The adoption of emergency rules authorized by this | 5 | | subsection (y) is deemed to be necessary for the public | 6 | | interest, safety, and welfare. | 7 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | 8 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | 9 | | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. | 10 | | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, | 11 | | eff. 6-1-17; revised 1-1-17.)"; and
| 12 | | on page 1, line 5, by replacing "Section" with "Sections 7.2 | 13 | | and"; and | 14 | | on page 1, immediately below line 5, by inserting the | 15 | | following: | 16 | | "(20 ILCS 2610/7.2) | 17 | | Sec. 7.2. State Police Merit Board Public Safety Fund. | 18 | | (a) A special fund in the State treasury is hereby created | 19 | | which shall be known as the State Police Merit Board Public | 20 | | Safety Fund. The Fund shall be used by the State Police Merit | 21 | | Board to provide a cadet program for State Police personnel and | 22 | | to meet all costs associated with the functions of the State | 23 | | Police Merit Board. Notwithstanding any other law to the |
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| 1 | | contrary, the State Police Merit Board Public Safety Fund is | 2 | | not subject to sweeps, administrative charge-backs, or any | 3 | | other fiscal or budgetary maneuver that would in any way | 4 | | transfer any amounts from the State Police Merit Board Public | 5 | | Safety Fund into any other fund of the State. | 6 | | (b) The Fund may receive State appropriations, gifts, | 7 | | grants, and federal funds and shall include earnings from the | 8 | | investment of moneys in the Fund. | 9 | | (c) The administration of this Fund shall be the | 10 | | responsibility of the State Police Merit Board. The Board shall | 11 | | establish terms and conditions for the operation of the Fund. | 12 | | The Board shall establish and implement fiscal controls and | 13 | | accounting periods for programs operated using the Fund. All | 14 | | fees or moneys received by the State Treasurer under subsection | 15 | | (n) of Section 27.6 of the Clerks of Courts Act shall be | 16 | | deposited into the Fund. The moneys deposited in the State | 17 | | Police Merit Board Public Safety Fund shall be appropriated to | 18 | | the State Police Merit Board for expenses of the Board for the | 19 | | administration and conduct of all its programs for State Police | 20 | | personnel. Three percent of the moneys deposited into the Fund | 21 | | under subsection (d-5) of Section 20 of the Automated Traffic | 22 | | Control Systems in Highway Construction or Maintenance Zones | 23 | | Act shall be used for advertising or other methods to attract | 24 | | diverse State Police cadet candidates so that the headcount | 25 | | goal of State Police officers under Section 7.5 of this Act | 26 | | continues to adequately represent the population of women, |
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| 1 | | minorities, and military veterans in this State.
| 2 | | (Source: P.A. 97-1051, eff. 1-1-13.)"; and | 3 | | on page 25, immediately below line 24, by inserting the | 4 | | following: | 5 | | "Section 95. No acceleration or delay. Where this Act makes | 6 | | changes in a statute that is represented in this Act by text | 7 | | that is not yet or no longer in effect (for example, a Section | 8 | | represented by multiple versions), the use of that text does | 9 | | not accelerate or delay the taking effect of (i) the changes | 10 | | made by this Act or (ii) provisions derived from any other | 11 | | Public Act.".
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