Full Text of HB3222 100th General Assembly
HB3222eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by changing Sections 1-70, 5-45, and 5-130 as follows:
| 6 | | (5 ILCS 100/1-70) (from Ch. 127, par. 1001-70)
| 7 | | Sec. 1-70.
"Rule" means each agency statement of general | 8 | | applicability
that implements, applies, interprets, or | 9 | | prescribes law or policy, but does
not include (i) statements | 10 | | concerning only the internal management of an
agency and not | 11 | | affecting private rights or procedures available to persons
or | 12 | | entities outside the agency, (ii) informal advisory rulings | 13 | | issued under
Section 5-150, (iii) intra-agency memoranda, (iv) | 14 | | the prescription of
standardized forms, (v) documents prepared | 15 | | or filed or actions taken
by the Legislative Reference Bureau | 16 | | under Section 5.04 of the Legislative
Reference Bureau Act, or | 17 | | (v) (vi) guidance documents prepared by the Illinois | 18 | | Environmental Protection Agency under Section 39.5 or | 19 | | subsection (s) of Section 39 of the Environmental Protection | 20 | | Act.
| 21 | | (Source: P.A. 97-95, eff. 7-12-11; 97-1081, eff. 8-24-12.)
| 22 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) |
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| 1 | | (Text of Section before amendment by P.A. 99-906 ) | 2 | | Sec. 5-45. Emergency rulemaking. | 3 | | (a) "Emergency" means the existence of any situation that | 4 | | any agency
finds reasonably constitutes a threat to the public | 5 | | interest, safety, or
welfare. "Emergency" does not mean a | 6 | | situation arising from an avoidable administrative failure to | 7 | | properly enact a rule in accordance with statutory | 8 | | requirements. | 9 | | (b) If any agency finds that an
emergency exists that | 10 | | requires adoption of a rule upon fewer days than
is required by | 11 | | Section 5-40 and states in writing its reasons for that
| 12 | | finding, the agency may adopt an emergency rule without prior | 13 | | notice or
hearing upon filing a notice of emergency rulemaking | 14 | | with the Secretary of
State under Section 5-70. The notice | 15 | | shall include the text of the
emergency rule and shall be | 16 | | published in the Illinois Register. Consent
orders or other | 17 | | court orders adopting settlements negotiated by an agency
may | 18 | | be adopted under this Section. Subject to applicable | 19 | | constitutional or
statutory provisions, an emergency rule | 20 | | becomes effective immediately upon
filing under Section 5-65 or | 21 | | at a stated date less than 10 days
thereafter. The agency's | 22 | | finding and a statement of the specific reasons
for the finding | 23 | | shall be filed with the rule. The agency shall take
reasonable | 24 | | and appropriate measures to make emergency rules known to the
| 25 | | persons who may be affected by them. | 26 | | (c) An emergency rule may be effective for a period of not |
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| 1 | | longer than
150 days, but the agency's authority to adopt an | 2 | | identical rule under Section
5-40 is not precluded. No | 3 | | emergency rule may be adopted more
than once in any 24-month 24 | 4 | | month period, except that this limitation on the number
of | 5 | | emergency rules that may be adopted in a 24-month 24 month | 6 | | period does not apply
to (i) emergency rules that make | 7 | | additions to and deletions from the Drug
Manual under Section | 8 | | 5-5.16 of the Illinois Public Aid Code or the
generic drug | 9 | | formulary under Section 3.14 of the Illinois Food, Drug
and | 10 | | Cosmetic Act, (ii) emergency rules adopted by the Pollution | 11 | | Control
Board before July 1, 1997 to implement portions of the | 12 | | Livestock Management
Facilities Act, (iii) emergency rules | 13 | | adopted by the Illinois Department of Public Health under | 14 | | subsections (a) through (i) of Section 2 of the Department of | 15 | | Public Health Act when necessary to protect the public's | 16 | | health, (iv) emergency rules adopted pursuant to subsection (n) | 17 | | of this Section, (v) emergency rules adopted pursuant to | 18 | | subsection (o) of this Section, or (vi) emergency rules adopted | 19 | | pursuant to subsection (c-5) of this Section. Two or more | 20 | | emergency rules having substantially the same
purpose and | 21 | | effect shall be deemed to be a single rule for purposes of this
| 22 | | Section. | 23 | | (c-5) To facilitate the maintenance of the program of group | 24 | | health benefits provided to annuitants, survivors, and retired | 25 | | employees under the State Employees Group Insurance Act of | 26 | | 1971, rules to alter the contributions to be paid by the State, |
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| 1 | | annuitants, survivors, retired employees, or any combination | 2 | | of those entities, for that program of group health benefits, | 3 | | shall be adopted as emergency rules. The adoption of those | 4 | | rules shall be considered an emergency and necessary for the | 5 | | public interest, safety, and welfare. | 6 | | (d) In order to provide for the expeditious and timely | 7 | | implementation
of the State's fiscal year 1999 budget, | 8 | | emergency rules to implement any
provision of Public Act 90-587 | 9 | | or 90-588
or any other budget initiative for fiscal year 1999 | 10 | | may be adopted in
accordance with this Section by the agency | 11 | | charged with administering that
provision or initiative, | 12 | | except that the 24-month limitation on the adoption
of | 13 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 14 | | do not apply
to rules adopted under this subsection (d). The | 15 | | adoption of emergency rules
authorized by this subsection (d) | 16 | | shall be deemed to be necessary for the
public interest, | 17 | | safety, and welfare. | 18 | | (e) In order to provide for the expeditious and timely | 19 | | implementation
of the State's fiscal year 2000 budget, | 20 | | emergency rules to implement any
provision of Public Act 91-24
| 21 | | or any other budget initiative for fiscal year 2000 may be | 22 | | adopted in
accordance with this Section by the agency charged | 23 | | with administering that
provision or initiative, except that | 24 | | the 24-month limitation on the adoption
of emergency rules and | 25 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 26 | | rules adopted under this subsection (e). The adoption of |
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| 1 | | emergency rules
authorized by this subsection (e) shall be | 2 | | deemed to be necessary for the
public interest, safety, and | 3 | | welfare. | 4 | | (f) In order to provide for the expeditious and timely | 5 | | implementation
of the State's fiscal year 2001 budget, | 6 | | emergency rules to implement any
provision of Public Act 91-712
| 7 | | or any other budget initiative for fiscal year 2001 may be | 8 | | adopted in
accordance with this Section by the agency charged | 9 | | with administering that
provision or initiative, except that | 10 | | the 24-month limitation on the adoption
of emergency rules and | 11 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 12 | | rules adopted under this subsection (f). The adoption of | 13 | | emergency rules
authorized by this subsection (f) shall be | 14 | | deemed to be necessary for the
public interest, safety, and | 15 | | welfare. | 16 | | (g) In order to provide for the expeditious and timely | 17 | | implementation
of the State's fiscal year 2002 budget, | 18 | | emergency rules to implement any
provision of Public Act 92-10
| 19 | | or any other budget initiative for fiscal year 2002 may be | 20 | | adopted in
accordance with this Section by the agency charged | 21 | | with administering that
provision or initiative, except that | 22 | | the 24-month limitation on the adoption
of emergency rules and | 23 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 24 | | rules adopted under this subsection (g). The adoption of | 25 | | emergency rules
authorized by this subsection (g) shall be | 26 | | deemed to be necessary for the
public interest, safety, and |
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| 1 | | welfare. | 2 | | (h) In order to provide for the expeditious and timely | 3 | | implementation
of the State's fiscal year 2003 budget, | 4 | | emergency rules to implement any
provision of Public Act 92-597
| 5 | | or any other budget initiative for fiscal year 2003 may be | 6 | | adopted in
accordance with this Section by the agency charged | 7 | | with administering that
provision or initiative, except that | 8 | | the 24-month limitation on the adoption
of emergency rules and | 9 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 10 | | rules adopted under this subsection (h). The adoption of | 11 | | emergency rules
authorized by this subsection (h) shall be | 12 | | deemed to be necessary for the
public interest, safety, and | 13 | | welfare. | 14 | | (i) In order to provide for the expeditious and timely | 15 | | implementation
of the State's fiscal year 2004 budget, | 16 | | emergency rules to implement any
provision of Public Act 93-20
| 17 | | or any other budget initiative for fiscal year 2004 may be | 18 | | adopted in
accordance with this Section by the agency charged | 19 | | with administering that
provision or initiative, except that | 20 | | the 24-month limitation on the adoption
of emergency rules and | 21 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 22 | | rules adopted under this subsection (i). The adoption of | 23 | | emergency rules
authorized by this subsection (i) shall be | 24 | | deemed to be necessary for the
public interest, safety, and | 25 | | welfare. | 26 | | (j) 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 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 3 | | Implementation (Human Services) Act, emergency rules to | 4 | | implement any provision of the Fiscal Year 2005 Budget | 5 | | Implementation (Human Services) Act may be adopted in | 6 | | accordance with this Section by the agency charged with | 7 | | administering that provision, except that the 24-month | 8 | | 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 (j). The Department of Public Aid | 11 | | may also adopt rules under this subsection (j) necessary to | 12 | | administer the Illinois Public Aid Code and the Children's | 13 | | Health Insurance Program Act. The adoption of emergency rules | 14 | | authorized by this subsection (j) shall be deemed to be | 15 | | necessary for the public interest, safety, and welfare.
| 16 | | (k) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of the State's fiscal year | 18 | | 2006 budget, emergency rules to implement any provision of | 19 | | Public Act 94-48 or any other budget initiative for fiscal year | 20 | | 2006 may be adopted in accordance with this Section by the | 21 | | agency charged with administering that provision or | 22 | | initiative, except that the 24-month limitation on the adoption | 23 | | of emergency rules and the provisions of Sections 5-115 and | 24 | | 5-125 do not apply to rules adopted under this subsection (k). | 25 | | The Department of Healthcare and Family Services may also adopt | 26 | | rules under this subsection (k) necessary to administer the |
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| 1 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 2 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 3 | | Disabled Persons Prescription Drug Discount Program Act (now | 4 | | the Illinois Prescription Drug Discount Program Act), and the | 5 | | Children's Health Insurance Program Act. The adoption of | 6 | | emergency rules authorized by this subsection (k) shall be | 7 | | deemed to be necessary for the public interest, safety, and | 8 | | welfare.
| 9 | | (l) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of the
State's fiscal year | 11 | | 2007 budget, the Department of Healthcare and Family Services | 12 | | may adopt emergency rules during fiscal year 2007, including | 13 | | rules effective July 1, 2007, 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 (l) shall be deemed to be necessary for the | 21 | | public interest,
safety, and welfare.
| 22 | | (m) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the
State's fiscal year | 24 | | 2008 budget, the Department of Healthcare and Family Services | 25 | | may adopt emergency rules during fiscal year 2008, including | 26 | | rules effective July 1, 2008, 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 (m) shall be deemed to be necessary for the | 8 | | public interest,
safety, and welfare.
| 9 | | (n) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of the State's fiscal year | 11 | | 2010 budget, emergency rules to implement any provision of | 12 | | Public Act 96-45 or any other budget initiative authorized by | 13 | | the 96th General Assembly for fiscal year 2010 may be adopted | 14 | | in 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 (n) shall be | 17 | | deemed to be necessary for the public interest, safety, and | 18 | | welfare. The rulemaking authority granted in this subsection | 19 | | (n) shall apply only to rules promulgated during Fiscal Year | 20 | | 2010. | 21 | | (o) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of the State's fiscal year | 23 | | 2011 budget, emergency rules to implement any provision of | 24 | | Public Act 96-958 or any other budget initiative authorized by | 25 | | the 96th General Assembly for fiscal year 2011 may be adopted | 26 | | in accordance with this Section by the agency charged with |
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| 1 | | administering that provision or initiative. The adoption of | 2 | | emergency rules authorized by this subsection (o) is deemed to | 3 | | be necessary for the public interest, safety, and welfare. The | 4 | | rulemaking authority granted in this subsection (o) applies | 5 | | only to rules promulgated on or after July 1, 2010 ( the | 6 | | effective date of Public Act 96-958 ) through June 30, 2011. | 7 | | (p) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of Public Act 97-689, | 9 | | emergency rules to implement any provision of Public Act 97-689 | 10 | | may be adopted in accordance with this subsection (p) by the | 11 | | agency charged with administering that provision or | 12 | | initiative. The 150-day limitation of the effective period of | 13 | | emergency rules does not apply to rules adopted under this | 14 | | subsection (p), and the effective period may continue through | 15 | | June 30, 2013. The 24-month limitation on the adoption of | 16 | | emergency rules does not apply to rules adopted under this | 17 | | subsection (p). The adoption of emergency rules authorized by | 18 | | this subsection (p) is deemed to be necessary for the public | 19 | | interest, safety, and welfare. | 20 | | (q) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 22 | | 12 of Public Act 98-104, emergency rules to implement any | 23 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 24 | | may be adopted in accordance with this subsection (q) by the | 25 | | agency charged with administering that provision or | 26 | | initiative. The 24-month limitation on the adoption of |
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| 1 | | emergency rules does not apply to rules adopted under this | 2 | | subsection (q). The adoption of emergency rules authorized by | 3 | | this subsection (q) is deemed to be necessary for the public | 4 | | interest, safety, and welfare. | 5 | | (r) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of Public Act 98-651, | 7 | | emergency rules to implement Public Act 98-651 may be adopted | 8 | | in accordance with this subsection (r) by the Department of | 9 | | Healthcare and Family Services. The 24-month limitation on the | 10 | | adoption of emergency rules does not apply to rules adopted | 11 | | under this subsection (r). The adoption of emergency rules | 12 | | authorized by this subsection (r) is deemed to be necessary for | 13 | | the public interest, safety, and welfare. | 14 | | (s) In order to provide for the expeditious and timely | 15 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 16 | | the Illinois Public Aid Code, emergency rules to implement any | 17 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 18 | | Public Aid Code may be adopted in accordance with this | 19 | | subsection (s) by the Department of Healthcare and Family | 20 | | Services. The rulemaking authority granted in this subsection | 21 | | (s) shall apply only to those rules adopted prior to July 1, | 22 | | 2015. Notwithstanding any other provision of this Section, any | 23 | | emergency rule adopted under this subsection (s) shall only | 24 | | apply to payments made for State fiscal year 2015. The adoption | 25 | | of emergency rules authorized by this subsection (s) is deemed | 26 | | to be necessary for the public interest, safety, and welfare. |
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| 1 | | (t) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of Article II of Public Act | 3 | | 99-6, emergency rules to implement the changes made by Article | 4 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 5 | | be adopted in accordance with this subsection (t) by the | 6 | | Department of State Police. The rulemaking authority granted in | 7 | | this subsection (t) shall apply only to those rules adopted | 8 | | prior to July 1, 2016. The 24-month limitation on the adoption | 9 | | of emergency rules does not apply to rules adopted under this | 10 | | subsection (t). The adoption of emergency rules authorized by | 11 | | this subsection (t) is deemed to be necessary for the public | 12 | | interest, safety, and welfare. | 13 | | (u) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of the Burn Victims Relief | 15 | | Act, emergency rules to implement any provision of the Act may | 16 | | be adopted in accordance with this subsection (u) by the | 17 | | Department of Insurance. The rulemaking authority granted in | 18 | | this subsection (u) shall apply only to those rules adopted | 19 | | prior to December 31, 2015. The adoption of emergency rules | 20 | | authorized by this subsection (u) is deemed to be necessary for | 21 | | the public interest, safety, and welfare. | 22 | | (v) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of Public Act 99-516 this | 24 | | amendatory Act of the 99th General Assembly , emergency rules to | 25 | | implement Public Act 99-516 this amendatory Act of the 99th | 26 | | General Assembly may be adopted in accordance with this |
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| 1 | | subsection (v) by the Department of Healthcare and Family | 2 | | Services. The 24-month limitation on the adoption of emergency | 3 | | rules does not apply to rules adopted under this subsection | 4 | | (v). The adoption of emergency rules authorized by this | 5 | | subsection (v) is deemed to be necessary for the public | 6 | | interest, safety, and welfare. | 7 | | (w) (v) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of Public Act 99-796 this | 9 | | amendatory Act of the 99th General Assembly , emergency rules to | 10 | | implement the changes made by Public Act 99-796 this amendatory | 11 | | Act of the 99th General Assembly may be adopted in accordance | 12 | | with this subsection (w) (v) by the Adjutant General. The | 13 | | adoption of emergency rules authorized by this subsection (w) | 14 | | (v) is deemed to be necessary for the public interest, safety, | 15 | | and welfare. | 16 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | 17 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | 18 | | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. | 19 | | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised | 20 | | 9-21-16.) | 21 | | (Text of Section after amendment by P.A. 99-906 ) | 22 | | Sec. 5-45. Emergency rulemaking. | 23 | | (a) "Emergency" means the existence of any situation that | 24 | | any agency
finds reasonably constitutes a threat to the public | 25 | | interest, safety, or
welfare. "Emergency" does not mean a |
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| 1 | | situation arising from an avoidable administrative failure to | 2 | | properly enact a rule in accordance with statutory | 3 | | requirements. | 4 | | (b) If any agency finds that an
emergency exists that | 5 | | requires adoption of a rule upon fewer days than
is required by | 6 | | Section 5-40 and states in writing its reasons for that
| 7 | | finding, the agency may adopt an emergency rule without prior | 8 | | notice or
hearing upon filing a notice of emergency rulemaking | 9 | | with the Secretary of
State under Section 5-70. The notice | 10 | | shall include the text of the
emergency rule and shall be | 11 | | published in the Illinois Register. Consent
orders or other | 12 | | court orders adopting settlements negotiated by an agency
may | 13 | | be adopted under this Section. Subject to applicable | 14 | | constitutional or
statutory provisions, an emergency rule | 15 | | becomes effective immediately upon
filing under Section 5-65 or | 16 | | at a stated date less than 10 days
thereafter. The agency's | 17 | | finding and a statement of the specific reasons
for the finding | 18 | | shall be filed with the rule. The agency shall take
reasonable | 19 | | and appropriate measures to make emergency rules known to the
| 20 | | persons who may be affected by them. | 21 | | (c) An emergency rule may be effective for a period of not | 22 | | longer than
150 days, but the agency's authority to adopt an | 23 | | identical rule under Section
5-40 is not precluded. No | 24 | | emergency rule may be adopted more
than once in any 24-month | 25 | | period, except that this limitation on the number
of emergency | 26 | | rules that may be adopted in a 24-month period does not apply
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| 1 | | to (i) emergency rules that make additions to and deletions | 2 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 3 | | Public Aid Code or the
generic drug formulary under Section | 4 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 5 | | emergency rules adopted by the Pollution Control
Board before | 6 | | July 1, 1997 to implement portions of the Livestock Management
| 7 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 8 | | Department of Public Health under subsections (a) through (i) | 9 | | of Section 2 of the Department of Public Health Act when | 10 | | necessary to protect the public's health, (iv) emergency rules | 11 | | adopted pursuant to subsection (n) of this Section, (v) | 12 | | emergency rules adopted pursuant to subsection (o) of this | 13 | | Section, or (vi) emergency rules adopted pursuant to subsection | 14 | | (c-5) of this Section. Two or more emergency rules having | 15 | | substantially the same
purpose and effect shall be deemed to be | 16 | | a single rule for purposes of this
Section. | 17 | | (c-5) To facilitate the maintenance of the program of group | 18 | | health benefits provided to annuitants, survivors, and retired | 19 | | employees under the State Employees Group Insurance Act of | 20 | | 1971, rules to alter the contributions to be paid by the State, | 21 | | annuitants, survivors, retired employees, or any combination | 22 | | of those entities, for that program of group health benefits, | 23 | | shall be adopted as emergency rules. The adoption of those | 24 | | rules shall be considered an emergency and necessary for the | 25 | | public interest, safety, and welfare. | 26 | | (d) In order to provide for the expeditious and timely |
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| 1 | | implementation
of the State's fiscal year 1999 budget, | 2 | | emergency rules to implement any
provision of Public Act 90-587 | 3 | | or 90-588
or any other budget initiative for fiscal year 1999 | 4 | | may be adopted in
accordance with this Section by the agency | 5 | | charged with administering that
provision or initiative, | 6 | | except that the 24-month limitation on the adoption
of | 7 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 8 | | do not apply
to rules adopted under this subsection (d). The | 9 | | adoption of emergency rules
authorized by this subsection (d) | 10 | | shall be deemed to be necessary for the
public interest, | 11 | | safety, and welfare. | 12 | | (e) In order to provide for the expeditious and timely | 13 | | implementation
of the State's fiscal year 2000 budget, | 14 | | emergency rules to implement any
provision of Public Act 91-24
| 15 | | or any other budget initiative for fiscal year 2000 may be | 16 | | adopted in
accordance with this Section by the agency charged | 17 | | with administering that
provision or initiative, except that | 18 | | the 24-month limitation on the adoption
of emergency rules and | 19 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 20 | | rules adopted under this subsection (e). The adoption of | 21 | | emergency rules
authorized by this subsection (e) shall be | 22 | | deemed to be necessary for the
public interest, safety, and | 23 | | welfare. | 24 | | (f) In order to provide for the expeditious and timely | 25 | | implementation
of the State's fiscal year 2001 budget, | 26 | | emergency rules to implement any
provision of Public Act 91-712
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| 1 | | or any other budget initiative for fiscal year 2001 may be | 2 | | adopted in
accordance with this Section by the agency charged | 3 | | with administering that
provision or initiative, except that | 4 | | the 24-month limitation on the adoption
of emergency rules and | 5 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 6 | | rules adopted under this subsection (f). The adoption of | 7 | | emergency rules
authorized by this subsection (f) shall be | 8 | | deemed to be necessary for the
public interest, safety, and | 9 | | welfare. | 10 | | (g) In order to provide for the expeditious and timely | 11 | | implementation
of the State's fiscal year 2002 budget, | 12 | | emergency rules to implement any
provision of Public Act 92-10
| 13 | | or any other budget initiative for fiscal year 2002 may be | 14 | | adopted in
accordance with this Section by the agency charged | 15 | | with administering that
provision or initiative, except that | 16 | | the 24-month limitation on the adoption
of emergency rules and | 17 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 18 | | rules adopted under this subsection (g). The adoption of | 19 | | emergency rules
authorized by this subsection (g) shall be | 20 | | deemed to be necessary for the
public interest, safety, and | 21 | | welfare. | 22 | | (h) In order to provide for the expeditious and timely | 23 | | implementation
of the State's fiscal year 2003 budget, | 24 | | emergency rules to implement any
provision of Public Act 92-597
| 25 | | or any other budget initiative for fiscal year 2003 may be | 26 | | adopted in
accordance with this Section by the agency charged |
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| 1 | | with administering that
provision or initiative, except that | 2 | | the 24-month limitation on the adoption
of emergency rules and | 3 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 4 | | rules adopted under this subsection (h). The adoption of | 5 | | emergency rules
authorized by this subsection (h) shall be | 6 | | deemed to be necessary for the
public interest, safety, and | 7 | | welfare. | 8 | | (i) In order to provide for the expeditious and timely | 9 | | implementation
of the State's fiscal year 2004 budget, | 10 | | emergency rules to implement any
provision of Public Act 93-20
| 11 | | or any other budget initiative for fiscal year 2004 may be | 12 | | adopted in
accordance with this Section by the agency charged | 13 | | with administering that
provision or initiative, except that | 14 | | the 24-month limitation on the adoption
of emergency rules and | 15 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 16 | | rules adopted under this subsection (i). The adoption of | 17 | | emergency rules
authorized by this subsection (i) shall be | 18 | | deemed to be necessary for the
public interest, safety, and | 19 | | welfare. | 20 | | (j) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of the State's fiscal year | 22 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 23 | | Implementation (Human Services) Act, emergency rules to | 24 | | implement any provision of the Fiscal Year 2005 Budget | 25 | | Implementation (Human Services) Act may be adopted in | 26 | | accordance with this Section by the agency charged with |
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| 1 | | administering that provision, except that the 24-month | 2 | | limitation on the adoption of emergency rules and the | 3 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 4 | | adopted under this subsection (j). The Department of Public Aid | 5 | | may also adopt rules under this subsection (j) necessary to | 6 | | administer the Illinois Public Aid Code and the Children's | 7 | | Health Insurance Program Act. The adoption of emergency rules | 8 | | authorized by this subsection (j) shall be deemed to be | 9 | | necessary for the public interest, safety, and welfare.
| 10 | | (k) In order to provide for the expeditious and timely | 11 | | implementation of the provisions of the State's fiscal year | 12 | | 2006 budget, emergency rules to implement any provision of | 13 | | Public Act 94-48 or any other budget initiative for fiscal year | 14 | | 2006 may be adopted in accordance with this Section by the | 15 | | agency charged with administering that provision or | 16 | | initiative, except that the 24-month limitation on the adoption | 17 | | of emergency rules and the provisions of Sections 5-115 and | 18 | | 5-125 do not apply to rules adopted under this subsection (k). | 19 | | The Department of Healthcare and Family Services may also adopt | 20 | | rules under this subsection (k) necessary to administer the | 21 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 22 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 23 | | Disabled Persons Prescription Drug Discount Program Act (now | 24 | | the Illinois Prescription Drug Discount Program Act), and the | 25 | | Children's Health Insurance Program Act. The adoption of | 26 | | emergency rules authorized by this subsection (k) shall be |
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| 1 | | deemed to be necessary for the public interest, safety, and | 2 | | welfare.
| 3 | | (l) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of the
State's fiscal year | 5 | | 2007 budget, the Department of Healthcare and Family Services | 6 | | may adopt emergency rules during fiscal year 2007, including | 7 | | rules effective July 1, 2007, in
accordance with this | 8 | | subsection to the extent necessary to administer the | 9 | | Department's responsibilities with respect to amendments to | 10 | | the State plans and Illinois waivers approved by the federal | 11 | | Centers for Medicare and Medicaid Services necessitated by the | 12 | | requirements of Title XIX and Title XXI of the federal Social | 13 | | Security Act. The adoption of emergency rules
authorized by | 14 | | this subsection (l) shall be deemed to be necessary for the | 15 | | public interest,
safety, and welfare.
| 16 | | (m) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of the
State's fiscal year | 18 | | 2008 budget, the Department of Healthcare and Family Services | 19 | | may adopt emergency rules during fiscal year 2008, including | 20 | | rules effective July 1, 2008, in
accordance with this | 21 | | subsection to the extent necessary to administer the | 22 | | Department's responsibilities with respect to amendments to | 23 | | the State plans and Illinois waivers approved by the federal | 24 | | Centers for Medicare and Medicaid Services necessitated by the | 25 | | requirements of Title XIX and Title XXI of the federal Social | 26 | | Security Act. The adoption of emergency rules
authorized by |
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| 1 | | this subsection (m) shall be deemed to be necessary for the | 2 | | public interest,
safety, and welfare.
| 3 | | (n) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of the State's fiscal year | 5 | | 2010 budget, emergency rules to implement any provision of | 6 | | Public Act 96-45 or any other budget initiative authorized by | 7 | | the 96th General Assembly for fiscal year 2010 may be adopted | 8 | | in accordance with this Section by the agency charged with | 9 | | administering that provision or initiative. The adoption of | 10 | | emergency rules authorized by this subsection (n) shall be | 11 | | deemed to be necessary for the public interest, safety, and | 12 | | welfare. The rulemaking authority granted in this subsection | 13 | | (n) shall apply only to rules promulgated during Fiscal Year | 14 | | 2010. | 15 | | (o) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of the State's fiscal year | 17 | | 2011 budget, emergency rules to implement any provision of | 18 | | Public Act 96-958 or any other budget initiative authorized by | 19 | | the 96th General Assembly for fiscal year 2011 may be adopted | 20 | | in accordance with this Section by the agency charged with | 21 | | administering that provision or initiative. The adoption of | 22 | | emergency rules authorized by this subsection (o) is deemed to | 23 | | be necessary for the public interest, safety, and welfare. The | 24 | | rulemaking authority granted in this subsection (o) applies | 25 | | only to rules promulgated on or after July 1, 2010 (the | 26 | | effective date of Public Act 96-958) through June 30, 2011. |
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| 1 | | (p) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of Public Act 97-689, | 3 | | emergency rules to implement any provision of Public Act 97-689 | 4 | | may be adopted in accordance with this subsection (p) by the | 5 | | agency charged with administering that provision or | 6 | | initiative. The 150-day limitation of the effective period of | 7 | | emergency rules does not apply to rules adopted under this | 8 | | subsection (p), and the effective period may continue through | 9 | | June 30, 2013. The 24-month limitation on the adoption of | 10 | | emergency rules does not apply to rules adopted under this | 11 | | subsection (p). The adoption of emergency rules authorized by | 12 | | this subsection (p) is deemed to be necessary for the public | 13 | | interest, safety, and welfare. | 14 | | (q) In order to provide for the expeditious and timely | 15 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 16 | | 12 of Public Act 98-104, emergency rules to implement any | 17 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 18 | | may be adopted in accordance with this subsection (q) by the | 19 | | agency charged with administering that provision or | 20 | | initiative. The 24-month limitation on the adoption of | 21 | | emergency rules does not apply to rules adopted under this | 22 | | subsection (q). The adoption of emergency rules authorized by | 23 | | this subsection (q) is deemed to be necessary for the public | 24 | | interest, safety, and welfare. | 25 | | (r) In order to provide for the expeditious and timely | 26 | | implementation of the provisions of Public Act 98-651, |
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| 1 | | emergency rules to implement Public Act 98-651 may be adopted | 2 | | in accordance with this subsection (r) by the Department of | 3 | | Healthcare and Family Services. The 24-month limitation on the | 4 | | adoption of emergency rules does not apply to rules adopted | 5 | | under this subsection (r). The adoption of emergency rules | 6 | | authorized by this subsection (r) is deemed to be necessary for | 7 | | the public interest, safety, and welfare. | 8 | | (s) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 10 | | the Illinois Public Aid Code, emergency rules to implement any | 11 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 12 | | Public Aid Code may be adopted in accordance with this | 13 | | subsection (s) by the Department of Healthcare and Family | 14 | | Services. The rulemaking authority granted in this subsection | 15 | | (s) shall apply only to those rules adopted prior to July 1, | 16 | | 2015. Notwithstanding any other provision of this Section, any | 17 | | emergency rule adopted under this subsection (s) shall only | 18 | | apply to payments made for State fiscal year 2015. The adoption | 19 | | of emergency rules authorized by this subsection (s) is deemed | 20 | | to be necessary for the public interest, safety, and welfare. | 21 | | (t) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of Article II of Public Act | 23 | | 99-6, emergency rules to implement the changes made by Article | 24 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 25 | | be adopted in accordance with this subsection (t) by the | 26 | | Department of State Police. The rulemaking authority granted in |
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| 1 | | this subsection (t) shall apply only to those rules adopted | 2 | | prior to July 1, 2016. The 24-month limitation on the adoption | 3 | | of 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) 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) by the | 11 | | Department of Insurance. The rulemaking authority granted in | 12 | | this subsection (u) shall apply only to those rules adopted | 13 | | prior to December 31, 2015. The adoption of emergency rules | 14 | | authorized by this subsection (u) is deemed to be necessary for | 15 | | the public interest, safety, and welfare. | 16 | | (v) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of Public Act 99-516, | 18 | | emergency rules to implement Public Act 99-516 may be adopted | 19 | | in accordance with this subsection (v) by the Department of | 20 | | Healthcare and Family Services. The 24-month limitation on the | 21 | | adoption of emergency rules does not apply to rules adopted | 22 | | under this subsection (v). The adoption of emergency rules | 23 | | authorized by this subsection (v) is deemed to be necessary for | 24 | | the public interest, safety, and welfare. | 25 | | (w) In order to provide for the expeditious and timely | 26 | | implementation of the provisions of Public Act 99-796, |
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| 1 | | emergency rules to implement the changes made by Public Act | 2 | | 99-796 may be adopted in accordance with this subsection (w) by | 3 | | the Adjutant General. The adoption of emergency rules | 4 | | authorized by this subsection (w) is deemed to be necessary for | 5 | | the public interest, safety, and welfare. | 6 | | (x) In order to provide for the expeditious and timely | 7 | | implementation of the provisions of Public Act 99-906 this | 8 | | amendatory Act of the 99th General Assembly , emergency rules to | 9 | | implement subsection (i) of Section 16-115D, subsection (g) of | 10 | | Section 16-128A, and subsection (a) of Section 16-128B of the | 11 | | Public Utilities Act may be adopted in accordance with this | 12 | | subsection (x) by the Illinois Commerce Commission. The | 13 | | rulemaking authority granted in this subsection (x) shall apply | 14 | | only to those rules adopted within 180 days after June 1, 2017 | 15 | | ( the effective date of Public Act 99-906) this amendatory Act | 16 | | of the 99th General Assembly . The adoption of emergency rules | 17 | | authorized by this subsection (x) is deemed to be necessary for | 18 | | the public interest, safety, and welfare. | 19 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | 20 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | 21 | | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. | 22 | | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, | 23 | | eff. 6-1-17; revised 1-1-17.)
| 24 | | (5 ILCS 100/5-130) (from Ch. 127, par. 1005-130)
| 25 | | Sec. 5-130. Review Periodic review of existing rules.
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| 1 | | (a) The Joint Committee may shall evaluate the rules of | 2 | | each agency at the Joint Committee's discretion. When the Joint | 3 | | Committee determines that it will conduct a review of existing | 4 | | rules, it will publish in the Illinois Register and on its | 5 | | website an announcement of the commencement of that review, | 6 | | listing the subject matter of the rules to be reviewed. least
| 7 | | once every 5 years. The Joint Committee by rule shall develop a | 8 | | schedule for
this periodic evaluation. In developing this | 9 | | schedule the Joint Committee
shall group rules by specified | 10 | | areas to assure the evaluation of similar rules
at the same | 11 | | time. The schedule shall include at least the following
| 12 | | categories:
| 13 | | (1) Human resources.
| 14 | | (2) Law enforcement.
| 15 | | (3) Energy.
| 16 | | (4) Environment.
| 17 | | (5) Natural resources.
| 18 | | (6) Transportation.
| 19 | | (7) Public utilities.
| 20 | | (8) Consumer protection.
| 21 | | (9) Licensing laws.
| 22 | | (10) Regulation of occupations.
| 23 | | (11) Labor laws.
| 24 | | (12) Business regulation.
| 25 | | (13) Financial institutions.
| 26 | | (14) Government purchasing.
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| 1 | | (b) When evaluating rules under this Section, the Joint | 2 | | Committee's
review shall include an examination of the | 3 | | following:
| 4 | | (1) Organizational, structural, and procedural reforms | 5 | | that affect rules
or rulemaking.
| 6 | | (2) Merger, modification, establishment, or abolition | 7 | | of regulations.
| 8 | | (3) Eliminating or phasing out outdated, overlapping, | 9 | | or conflicting
regulatory jurisdictions or requirements of | 10 | | general applicability.
| 11 | | (4) Economic and budgetary effects.
| 12 | | (Source: P.A. 87-823; 88-667, eff. 9-16-94 .)
| 13 | | Section 95. No acceleration or delay. Where this Act makes | 14 | | changes in a statute that is represented in this Act by text | 15 | | that is not yet or no longer in effect (for example, a Section | 16 | | represented by multiple versions), the use of that text does | 17 | | not accelerate or delay the taking effect of (i) the changes | 18 | | made by this Act or (ii) provisions derived from any other | 19 | | Public Act.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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