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91_SB1158eng SB1158 Engrossed SRS91S0048JDch 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 Section 5-40 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 6045days' notice 12 of its intended action to the general public. This first 13 notice period shall commence on the first day the notice 14 appears in the Illinois Register. The first notice shall 15 include all 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text of the proposed rule, the old and new 17 materials of a proposed amendment, or the text of the 18 provision to be repealed. 19 (2) The specific statutory citation upon which the 20 proposed rule, the proposed amendment to a rule, or the 21 proposed repeal of a rule is based and by which it is 22 authorized. 23 (3) A complete description of the subjects and 24 issues involved. 25 (4) For all proposed rules and proposed amendments 26 to rules, an initial regulatory flexibility analysis 27 containing a description of the types of small businesses 28 subject to the rule; a brief description of the proposed 29 reporting, bookkeeping, and other procedures required for 30 compliance with the rule; and a description of the types 31 of professional skills necessary for compliance. SB1158 Engrossed -2- SRS91S0048JDch 1 (5) The time, place, and manner in which interested 2 persons may present their views and comments concerning 3 the proposed rulemaking. 4 During the first notice period, the agency shall accept 5 from any interested persons data, views, arguments, or 6 comments. These may, in the discretion of the agency, be 7 submitted either orally or in writing or both. The notice 8 published in the Illinois Register shall indicate the manner 9 selected by the agency for the submissions. The agency shall 10 consider all submissions received. 11 The agency shall hold a public hearing on the proposed 12 rulemaking during the first notice period if (i) during the 13 first notice period, the agency finds that a public hearing 14 would facilitate the submission of views and comments that 15 might not otherwise be submitted or (ii) the agency receives 16 a request for a public hearing, within the first 14 days 17 after publication of the notice of proposed rulemaking in the 18 Illinois Register, from 25 interested persons, an association 19 representing at least 100 interested persons, the Governor, 20 the Joint Committee on Administrative Rules, or a unit of 21 local government that may be affected. At the public 22 hearing, the agency shall allow interested persons to present 23 views and comments on the proposed rulemaking. A public 24 hearing in response to a request for a hearing may not be 25 held less than 20 days after the publication of the notice of 26 proposed rulemaking in the Illinois Register unless notice of 27 the public hearing is included in the notice of proposed 28 rulemaking. A public hearing on proposed rulemaking may not 29 be held less than 5 days before submission of the notice 30 required under subsection (c) of this Section to the Joint 31 Committee on Administrative Rules. Each agency may prescribe 32 reasonable rules for the conduct of public hearings on 33 proposed rulemaking to prevent undue repetition at the 34 hearings. The hearings must be open to the public and SB1158 Engrossed -3- SRS91S0048JDch 1 recorded by stenographic or mechanical means. At least one 2 agency representative shall be present during the hearing who 3 is qualified to respond to general questions from the public 4 regarding the agency's proposal and the rulemaking process. 5 (c) Each agency shall provide a secondadditionalnotice 6 of the proposed rulemaking to the Joint Committee on 7 Administrative Rules and the general public. Based on the 8 submission, the Joint Committee on Administrative Rules shall 9 prepare a second notice text of the rulemaking that includes 10 the text as originally proposed with any modifications made 11 by the agency during the first notice period, and shall 12 submit it, along with a notice page prepared by the agency 13 that indicates the changes made since the beginning of the 14 first notice period, for publication in the Illinois 15 Register. The second notice period shall commence on the 16 first day the second notice appears in the Illinois Register. 17The period commencing on the day written notice is received18by the Joint Committee shall be known as the second notice19periodand shall expire 6045days thereafter unless before 20 that time the agency and the Joint Committee have agreed to 21 extend the second notice period beyond 6045days for a 22 period not to exceed an additional 6045days or unless the 23 agency has received a statement of objection from the Joint 24 Committee or notification from the Joint Committee that no 25 objection will be issued. Before the expiration of the 60-day 26 extended notice period, the agency and the Joint Committee 27 may agree to subsequent extensions not to exceed an 28 additional 60 days each. The written notice to the Joint 29 Committee shall include (i) the text and location, of any 30 changes made to the proposed rulemaking during the first 31 notice period in a form prescribed by the Joint Committee; 32 (ii) for all proposed rules and proposed amendments to rules, 33 a final regulatory flexibility analysis containing a summary 34 of issues raised by small businesses during the first notice SB1158 Engrossed -4- SRS91S0048JDch 1 period and a description of actions taken on any alternatives 2 to the proposed rule suggested by small businesses during the 3 first notice period, including reasons for rejecting any 4 alternatives not utilized; and (iii) if a written request has 5 been made by the Joint Committee within 30 days after initial 6 notice appears in the Illinois Register under subsection (b) 7 of this Section, an analysis of the economic and budgetary 8 effects of the proposed rulemaking. After commencement of the 9 second notice period, no substantive change may be made to a 10 proposed rulemaking unless it is made in response to an 11 objection or suggestion of the Joint Committee. The agency 12 shall also send a copy of the final regulatory flexibility 13 analysis to each small business that has presented views or 14 comments on the proposed rulemaking during the first notice 15 period and to any other interested person who requests a 16 copy. The agency may charge a reasonable fee for providing 17 the copies to cover postage and handling costs. 18 (d) After the expiration of the second notice period, 19 after notification from the Joint Committee that no objection 20 will be issued, or after a response by the agency to a 21 statement of objections issued by the Joint Committee, 22 whichever is applicable, the agency shall file, under Section 23 5-65 and Section 5-70, a certified copy of each rule, 24 modification, or repeal of any rule adopted by it. The copy 25 shall be published in the Illinois Register. Each rule 26 hereafter adopted under this Section is effective upon filing 27 unless a later effective date is required by statute or is 28 specified in the rulemaking. 29 (e) No rule or modification or repeal of any rule may be 30 adopted, or filed with the Secretary of State, more than one 31 year after the date the first notice period for the 32 rulemaking under subsection (b) commenced. Any period during 33 which the rulemaking is prohibited from being filed under 34 Section 5-115 shall not be considered in calculating this SB1158 Engrossed -5- SRS91S0048JDch 1 one-year time period. 2 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)