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91_SJ0075
LRB9115047REdv
1 SENATE JOINT RESOLUTION
2 WHEREAS, On June 13, 2000, the Illinois Commerce
3 Commission adopted emergency rules titled "Requirements for
4 Non-Business Entities with Private Business Switch Service to
5 Comply with the Emergency Telephone System Act" (83 Ill. Adm.
6 Code 727; 24 Ill. Reg. 8635); and
7 WHEREAS, The emergency rules adopted by the Commission
8 establish Enhanced 9-1-1 emergency telephone system
9 requirements for schools, local governments and
10 not-for-profit organizations unless exempted by the Emergency
11 Telephone System Act; and
12 WHEREAS, The emergency rules were adopted by the
13 Commission in response to a filing prohibition voted on April
14 28, 2000 for rules titled "Requirements for Businesses with
15 Private Business Switch Service to Comply with the Emergency
16 Telephone System Act" (83 Ill. Adm. Code 726; 24 Ill. Reg. 1)
17 and withdrawn on June 13, 2000 because the Commission
18 modified the rulemaking to meet the objections of the General
19 Assembly's Joint Committee on Administrative Rules (JCAR)
20 concerning the application of the rulemaking to schools,
21 governmental units and not-for-profit organizations and the
22 creation of an undue economic and regulatory burden on
23 business entities; and
24 WHEREAS, JCAR noted that the Commission's emergency
25 rulemaking of June 13, 2000 contained the same provisions
26 applicable to schools, governmental units and not-for-profit
27 corporations that were withdrawn by the Commission from its
28 prior, broader rulemaking; and
29 WHEREAS, JCAR, during its review of the emergency
30 rulemaking as directed by the Illinois Administrative
31 Procedure Act, determined that the rulemaking was contrary to
32 statute and also constituted a serious threat to the public
-2- LRB9115047REdv
1 interest and welfare; and
2 WHEREAS, JCAR based its determination that the emergency
3 rulemaking adopted by the Commission was contrary to
4 legislative intent on the fact that the Commission exceeded
5 its statutory authority under Section 15.6 of the Emergency
6 Telephone System Act by extending the application of the Act
7 to schools, local governments and not-for-profit
8 organizations through the emergency telephone system
9 regulations contained in the emergency rules; and
10 WHEREAS, Strict adherence to legislative intent as
11 expressed through statute and a concern for the well-being
12 and welfare of Illinois citizens, including school children,
13 are all elements of the JCAR review process, as directed by
14 the Illinois Administrative Procedure Act; and
15 WHEREAS, Based on this determination, the Joint Committee
16 on Administrative Rules suspended the above cited rulemaking;
17 and
18 WHEREAS, Because Section 5-125 of the Illinois
19 Administrative Procedure Act states that a suspension of an
20 agency's emergency rulemaking is effective for a period of at
21 least 180 days, the suspension issued by JCAR commenced June
22 13, 2000 and will terminate on December 9, 2000, unless
23 continued by the adoption of this Joint Resolution by both
24 houses of the General Assembly as provided by Section
25 5-125(c) of the Illinois Administrative Procedure Act;
26 therefore, be it
27 RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL
28 ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF
29 REPRESENTATIVES CONCURRING HEREIN, that the General Assembly
30 hereby continues the suspension issued by the Joint Committee
31 on Administrative Rules on June 13, 2000 of the Illinois
32 Commerce Commission's emergency rulemaking titled
-3- LRB9115047REdv
1 "Requirements for Non-Business Entities with Private Business
2 Switch Service to Comply with the Emergency Telephone System
3 Act" (83 Ill. Adm. Code 727; 24 Ill. Reg. 8635); and be it
4 further
5 RESOLVED, That copies of this preamble and resolution be
6 forwarded to the Executive Director of the Joint Committee on
7 Administrative Rules and to the Chairman and Executive
8 Director of the Illinois Commerce Commission.