(5 ILCS 100/5-125)
(from Ch. 127, par. 1005-125)
Other Joint Committee action with respect to emergency or
(a) If the Joint Committee determines that a rule or portion of a rule
adopted under Section 5-45 or 5-50 is objectionable under any of the standards
for the Joint Committee's review specified in Section 5-100, 5-105, 5-110,
5-120, or 5-130 and constitutes a serious threat to the public interest,
safety, or welfare, the Joint Committee may issue a statement to that effect.
The statement may be issued by the Joint Committee only upon the affirmative
vote of three-fifths of the members appointed to the Joint Committee. The Joint Committee, however, may withdraw a statement within 180 days after it is issued upon the affirmative vote of a majority of the members appointed to the Joint Committee. A
certified copy of each statement and withdrawal shall be transmitted to the affected agency and
to the Secretary of State for publication in the next available issue of the
Illinois Register. Within 30 days of transmittal of the statement to the
agency, the agency shall notify the Joint Committee in writing whether it has
elected to repeal or amend the rule. Failure of the agency to notify the Joint
Committee and Secretary of State within 30 days constitutes a decision by the
agency to not repeal the rule.
(b) The effectiveness of the rule or the portion of a rule shall be
suspended immediately upon receipt of the certified
statement by the Secretary of State. The Secretary of State shall indicate
the suspension prominently and clearly on the face of the affected rule or
the portion of a rule filed in the Office of the Secretary of State. Rules
or portions of rules suspended under this subsection shall not become effective
again unless the statement is withdrawn as provided in subsection (a) or unless within 180 days from receipt of the statement by the
Secretary of State, the General Assembly discontinues the suspension
by joint resolution under subsection (c). The agency may not enforce, or invoke for any
reason, a rule or portion of a rule that has been suspended under this
During the 180-day period, the agency may not file, and
the Secretary of State may not accept for filing, any rule that (i) has the
same purpose and effect as rules or portions of rules suspended under this
subsection or (ii) does not substantially address the statement issued under subsection (a), except as otherwise provided in this Section.
(c) After the issuance of
a statement under subsection (a), any member of the General Assembly may introduce in the General Assembly a joint resolution stating that the General Assembly
desires to discontinue the suspension of effectiveness of a rule or the portion
of the rule to which the statement was issued. If the joint resolution is not passed by both houses of the
General Assembly within the 180-day period provided in subsection (b) or the statement is not withdrawn, the
rule or the portion of the rule shall be considered repealed and the
Secretary of State shall immediately remove the rule or portion of a rule
from the collection of effective rules.
(d) If a statement is issued under this Section, then, in response to an objection or suggestion of the Joint Committee, the agency may propose changes to the rule, amendment, or repealer or portion of a rule, amendment, or repealer. If the agency proposes changes, it must provide additional notice to the Joint Committee under the same terms and conditions and shall be subject to the same requirements and limitations as those set forth for a second notice period under subsection (c) of Section 5-40.
(Source: P.A. 93-1035, eff. 9-10-04; 93-1074, eff. 1-18-05.)