[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] | [ House Amendment 002 ] |
91_SB1030eng SB1030 Engrossed SRS91S0032JDch 1 AN ACT to amend the Illinois Administrative Procedure 2 Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Administrative Procedure Act is 6 amended by changing Sections 5-40, 5-60, and 5-80 as follows: 7 (5 ILCS 100/5-40) (from Ch. 127, par. 1005-40) 8 Sec. 5-40. General rulemaking. 9 (a) In all rulemaking to which Sections 5-45 and 5-50 do 10 not apply, each agency shall comply with this Section. 11 (b) Each agency shall give at least 45 days' notice of 12 its intended action to the general public. This first notice 13 period shall commence on the first day the notice appears in 14 the Illinois Register. The first notice shall include all 15 the following: 16 (1) The text of the proposed rule, the old and new 17 materials of a proposed amendment, or the text of the 18 provision to be repealed. 19 (2) The specificstatutorycitation, including 20 Section, subsection, paragraph, and subparagraph, to the 21 specific statute upon which the proposed rule, the 22 proposed amendment to a rule, or the proposed repeal of a 23 rule is based and by which it is authorized. For 24 purposes of this requirement, a citation of the agency's 25 general rulemaking authority is insufficient. The 26 citation must be to the statute authorizing the program 27 being implemented. 28 (3) A complete description of the subjects and 29 issues involved. 30 (4) For all proposed rules and proposed amendments 31 to rules, an initial regulatory flexibility analysis SB1030 Engrossed -2- SRS91S0032JDch 1 containing a description of the types of small businesses 2 subject to the rule; a brief description of the proposed 3 reporting, bookkeeping, and other procedures required for 4 compliance with the rule; and a description of the types 5 of professional skills necessary for compliance. 6 (5) The time, place, and manner in which interested 7 persons may present their views and comments concerning 8 the proposed rulemaking. 9 During the first notice period, the agency shall accept 10 from any interested persons data, views, arguments, or 11 comments. These may, in the discretion of the agency, be 12 submitted either orally or in writing or both. The notice 13 published in the Illinois Register shall indicate the manner 14 selected by the agency for the submissions. The agency shall 15 consider all submissions received. 16 The agency shall hold a public hearing on the proposed 17 rulemaking during the first notice period if (i) during the 18 first notice period, the agency finds that a public hearing 19 would facilitate the submission of views and comments that 20 might not otherwise be submitted or (ii) the agency receives 21 a request for a public hearing, within the first 14 days 22 after publication of the notice of proposed rulemaking in the 23 Illinois Register, from 25 interested persons, an association 24 representing at least 100 interested persons, the Governor, 25 the Joint Committee on Administrative Rules, or a unit of 26 local government that may be affected. At the public 27 hearing, the agency shall allow interested persons to present 28 views and comments on the proposed rulemaking. A public 29 hearing in response to a request for a hearing may not be 30 held less than 20 days after the publication of the notice of 31 proposed rulemaking in the Illinois Register unless notice of 32 the public hearing is included in the notice of proposed 33 rulemaking. A public hearing on proposed rulemaking may not 34 be held less than 5 days before submission of the notice SB1030 Engrossed -3- SRS91S0032JDch 1 required under subsection (c) of this Section to the Joint 2 Committee on Administrative Rules. Each agency may prescribe 3 reasonable rules for the conduct of public hearings on 4 proposed rulemaking to prevent undue repetition at the 5 hearings. The hearings must be open to the public and 6 recorded by stenographic or mechanical means. At least one 7 agency representative shall be present during the hearing who 8 is qualified to respond to general questions from the public 9 regarding the agency's proposal and the rulemaking process. 10 (c) Each agency shall provide additional notice of the 11 proposed rulemaking to the Joint Committee on Administrative 12 Rules. The period commencing on the day written notice is 13 received by the Joint Committee shall be known as the second 14 notice period and shall expire 45 days thereafter unless 15 before that time the agency and the Joint Committee have 16 agreed to extend the second notice period beyond 45 days for 17 a period not to exceed an additional 45 days or unless the 18 agency has received a statement of objection from the Joint 19 Committee or notification from the Joint Committee that no 20 objection will be issued. The written notice to the Joint 21 Committee shall include (i) the text and location of any 22 changes made to the proposed rulemaking during the first 23 notice period in a form prescribed by the Joint Committee; 24 (ii) for all proposed rules and proposed amendments to rules, 25 a final regulatory flexibility analysis containing a summary 26 of issues raised by small businesses during the first notice 27 period and a description of actions taken on any alternatives 28 to the proposed rule suggested by small businesses during the 29 first notice period, including reasons for rejecting any 30 alternatives not utilized; and (iii) if a written request has 31 been made by the Joint Committee within 30 days after initial 32 notice appears in the Illinois Register under subsection (b) 33 of this Section, an analysis of the economic and budgetary 34 effects of the proposed rulemaking. After commencement of the SB1030 Engrossed -4- SRS91S0032JDch 1 second notice period, no substantive change may be made to a 2 proposed rulemaking unless it is made in response to an 3 objection or suggestion of the Joint Committee. The agency 4 shall also send a copy of the final regulatory flexibility 5 analysis to each small business that has presented views or 6 comments on the proposed rulemaking during the first notice 7 period and to any other interested person who requests a 8 copy. The agency may charge a reasonable fee for providing 9 the copies to cover postage and handling costs. 10 (d) After the expiration of the second notice period, 11 after notification from the Joint Committee that no objection 12 will be issued, or after a response by the agency to a 13 statement of objections issued by the Joint Committee, 14 whichever is applicable, the agency shall file, under Section 15 5-65, a certified copy of each rule, modification, or repeal 16 of any rule adopted by it. The copy shall be published in 17 the Illinois Register. Each rule hereafter adopted under 18 this Section is effective upon filing unless a later 19 effective date is required by statute or is specified in the 20 rulemaking. 21 (e) No rule or modification or repeal of any rule may be 22 adopted, or filed with the Secretary of State, more than one 23 year after the date the first notice period for the 24 rulemaking under subsection (b) commenced. Any period during 25 which the rulemaking is prohibited from being filed under 26 Section 5-115 shall not be considered in calculating this 27 one-year time period. 28 (Source: P.A. 87-823; 88-667, eff. 9-16-94.) 29 (5 ILCS 100/5-60) (from Ch. 127, par. 1005-60) 30 Sec. 5-60. Regulatory agenda. An agency shall submit 31 for publication in the Illinois Register by January 1 and 32 July 1 of each year a regulatory agenda to elicit public 33 comments concerning any rule that the agency is considering SB1030 Engrossed -5- SRS91S0032JDch 1 proposing but for which no notice of proposed rulemaking 2 activity has been submitted to the Illinois Register. A 3 regulatory agenda shall consist of summaries of those rules. 4 Each summary shall, in less than 2,000 words,contain the 5 following when practicable: 6 (1) A description of the rule. 7 (2) The statutory authority, including Section, 8 subsection, paragraph, and subparagraph, the agency is 9 exercising. For purposes of this requirement, a citation 10 of the agency's general rulemaking authority is 11 insufficient. The citation must be to the statute 12 authorizing the program being implemented. 13 (3) A schedule of the dates for any hearings, 14 meetings, or other opportunities for public participation 15 in the development of the rule. 16 (4) The date the agency anticipates submitting a 17 notice of proposed rulemaking activity, if known. 18 (5) The name, address, and telephone number of the 19 agency representative who is knowledgeable about the 20 rule, from whom any information may be obtained, and to 21 whom written comments may be submitted concerning the 22 rule. 23 (6) A statement whether the rule will affect small 24 businesses, not for profit corporations, or small 25 municipalities as defined in this Act. 26 (7) Any other information that may serve the public 27 interest. 28 Nothing in this Section shall preclude an agency from 29 adopting a rule that has not been summarized in a regulatory 30 agenda or from adopting a rule different than one summarized 31 in a regulatory agenda if in the agency head's best judgment 32 it is necessary. If an agency finds that a situation exists 33 that requires adoption of a rule that was not summarized on 34 either of the 2 most recent regulatory agendas, it shall SB1030 Engrossed -6- SRS91S0032JDch 1 state its reasons in writing together with the facts that 2 form their basis upon filing the notice of proposed 3 rulemaking with the Secretary of State under Section 5-40. 4 Nothing in this Section shall require an agency to adopt a 5 rule summarized in a regulatory agenda. The Secretary of 6 State shall adopt rules necessary for the publication of a 7 regulatory agenda, including but not limited to standard 8 submission forms and deadlines. 9 (Source: P.A. 87-823; 88-667, eff. 9-16-94.) 10 (5 ILCS 100/5-80) (from Ch. 127, par. 1005-80) 11 Sec. 5-80. Publication of rules. 12 (a) The Secretary of State shall, by rule, prescribe a 13 uniform system for the codification of rules. The Secretary 14 of State shall also, by rule, establish a schedule for 15 compliance with the uniform codification system. The 16 Secretary of State shall not adopt any codification system or 17 schedule under this subsection without the approval of the 18 Joint Committee on Administrative Rules. Approval by the 19 Joint Committee shall be conditioned solely upon establishing 20 that the proposed codification system and schedule are 21 compatible with existing electronic data processing equipment 22 and programs maintained by and for the General Assembly. 23 Nothing in this Section shall prohibit an agency from 24 adopting rules in compliance with the codification system 25 earlier than specified in the schedule. 26 (b) Each rule proposed in compliance with the 27 codification system shall be reviewed by the Secretary of 28 State before the expiration of the public notice period under 29 subsection (b) of Section 5-40. The Secretary of State shall 30 cooperate with agencies in the Secretary of State's review to 31 insure that the purposes of the codification system are 32 accomplished. The Secretary of State shall have the authority 33 to make changes in the numbering and location of the rule in SB1030 Engrossed -7- SRS91S0032JDch 1 the codification scheme if those changes do not affect the 2 meaning of the rules. The Secretary of State may recommend 3 changes in the sectioning and headings proposed by the agency 4 and suggest grammatical and technical changes to correct 5 errors. The Secretary of State may add notes concerning the 6 statutory authority, including Section, subsection, 7 paragraph, and subparagraph, dates proposed and adopted, and 8 other similar notes to the text of the rules, if the notes 9 are not supplied by the agency. A citation of the agency's 10 general rulemaking authority is insufficient. The citation 11 must be to the statute authorizing the program being 12 implemented. This review by the Secretary of State shall be 13 for the purpose of insuring the uniformity of and compliance 14 with the codification system. The Secretary of State shall 15 prepare indexes by agency, subject matter, and statutory 16 authority and any other necessary indexes, tables, and other 17 aids for locating rules to assist the public in the use of 18 the Code. 19 (c) The Secretary of State shall make available to the 20 agency and the Joint Committee on Administrative Rules copies 21 of the changes in the numbering and location of the rule in 22 the codification scheme, the recommended changes in the 23 sectioning and headings, and the suggestions made concerning 24 the correction of grammatical and technical errors or other 25 suggested changes. The agency, in the notice required by 26 subsection (c) of Section 5-40, shall provide to the Joint 27 Committee a response to the recommendations of the Secretary 28 of State including any reasons for not adopting the 29 recommendations. 30 (d) If a reorganization of agencies, transfer of 31 functions between agencies, or abolishment of agencies by 32 executive order or law affects rules on file with the 33 Secretary of State, the Secretary of State shall notify the 34 Governor, the Attorney General, and the agencies involved of SB1030 Engrossed -8- SRS91S0032JDch 1 the effects upon the rules on file. If the Governor or the 2 agencies involved do not respond to the Secretary of State's 3 notice within 45 days by instructing the Secretary of State 4 to delete or transfer the rules, the Secretary of State may 5 delete or place the rules under the appropriate agency for 6 the purpose of insuring the consistency of the codification 7 scheme and shall notify the Governor, the Attorney General, 8 and the agencies involved. 9 (e) (Blank). 10 (f) The Secretary of State shall ensure that the 11 Illinois Administrative Code is published and made available 12 to the public in a form that is updated at least annually. 13 The Code shall contain the complete text of all rules of all 14 State agencies filed with the Secretary's office and 15 effective on October 1, 1984, or later and the indexes, 16 tables, and other aids for locating rules prepared by the 17 Secretary of State. The Secretary of State shall design the 18 Illinois Register to supplement the Code. The Secretary of 19 State shall ensure that copies of the Illinois Register are 20 available to the public and governmental entities and 21 agencies. 22 If the Secretary of State determines that the Secretary's 23 office will publish and distribute either the Register or the 24 Code, the Secretary shall make copies available to the public 25 at a reasonable fee, established by the Secretary by rule, 26 and shall make copies available to governmental entities and 27 agencies at a price covering publication and mailing costs 28 only. 29 The Secretary of State shall make the electronically 30 stored database of the Illinois Register and the Code 31 available in accordance with this Section and Section 5.08 of 32 the Legislative Information System Act. 33 (g) The publication of a rule in the Code or in the 34 Illinois Register as an adopted rule shall establish a SB1030 Engrossed -9- SRS91S0032JDch 1 rebuttable presumption that the rule was duly filed and that 2 the text of the rule as published in the Code is the text of 3 the rule as adopted. Publication of the text of a rule in any 4 other location whether by the agency or some other person 5 shall not be taken as establishing such a presumption. 6 Judicial or official notice shall be taken of the text of 7 each rule published in the Code or Register. 8 (h) The codification system, the indexes, tables, and 9 other aids for locating rules prepared by the Secretary of 10 State, notes, and other materials developed under this 11 Section in connection with the publication of the Illinois 12 Administrative Code and the Illinois Register shall be the 13 official compilations of the administrative rules of Illinois 14 and shall be entirely in the public domain for purposes of 15 federal copyright law. 16 (i) The Legislative Information System shall maintain on 17 its electronic data processing equipment the complete text of 18 the Illinois Register and Illinois Administrative Code 19 created in compliance with this Act. This electronic 20 information shall be made available for use in the 21 publication of the Illinois Register and Illinois 22 Administrative Code by the Secretary of State if the 23 Secretary determines that his office will publish these 24 materials as authorized by subsection (f). 25 (j) The Legislative Information System, upon 26 consultation with the Joint Committee on Administrative Rules 27 and the Secretary of State, shall make the electronically 28 stored database of the Illinois Register and the Illinois 29 Administrative Code available in an electronically stored 30 medium to those who request it. The Legislative Information 31 System shall establish and charge a reasonable fee for 32 providing the electronic information. Amounts received under 33 this Section shall be deposited into the General Assembly 34 Computer Equipment Revolving Fund. SB1030 Engrossed -10- SRS91S0032JDch 1 (Source: P.A. 87-823; 88-535; revised 10-31-98.)