Public Act 093-1035
 
SB73 Enrolled SDS093 00001 LMT 00001 b

    AN ACT concerning State Government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Administrative Procedure Act is
amended by changing Sections 5-115, 5-120, and 5-125 as
follows:
 
    (5 ILCS 100/5-115)  (from Ch. 127, par. 1005-115)
    Sec. 5-115. Other action by the Joint Committee.
    (a) If the Joint Committee determines that the adoption and
effectiveness of a proposed rule, amendment, or repealer or
portion of a proposed rule, amendment, or repealer by an agency
would be 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 would constitute a serious threat to the
public interest, safety, or welfare, the Joint Committee may
issue a statement to that effect at any time before the
proposed rule, amendment, or repealer takes 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 the statement and
withdrawal shall be transmitted to the proposing agency and to
the Secretary of State for publication in the next available
issue of the Illinois Register.
    (b) The proposed rule, amendment, or repealer or the
portion of the proposed rule, amendment, or repealer to which
the Joint Committee has issued a statement under subsection (a)
shall not be accepted for filing by the Secretary of State nor
take effect unless the statement is withdrawn or a joint
resolution is passed as provided in subsection (c) for at least
180 days after receipt of the statement by the Secretary of
State. The agency may not enforce or invoke for any reason a
proposed rule, amendment, or repealer or any portion thereof
that is prohibited from being filed by this subsection during
this 180 day period.
    (c) After The Joint Committee shall, as soon as practicable
after the issuance of a statement under subsection (a), any
member of the General Assembly may introduce in either house of
the General Assembly a joint resolution stating that the
General Assembly desires to discontinue continue the
prohibition against the proposed rule, amendment, or repealer
or the portion thereof to which the statement was issued being
filed and taking effect. The joint resolution shall,
immediately following its first reading, be placed on the
calendar for consideration in each house of the General
Assembly without reference to a standing committee. If the
joint resolution is not passed by both houses of the General
Assembly within the 180 days after receipt of the statement by
the Secretary of State or the statement is not withdrawn as
provided in subsection (a) day period provided in subsection
(b), the agency shall be prohibited from filing the proposed
rule, amendment, or repealer or the portion thereof and the
proposed rule, amendment, or repealer or the portion thereof
shall not take effect. The Secretary of State shall not accept
for filing the proposed rule, amendment, or repealer or the
portion thereof with respect to which the Joint Committee has
issued a statement under subsection (a) unless that statement
is withdrawn or a joint resolution is passed as provided in
this subsection. that the General Assembly has prohibited the
agency from filing as provided in this subsection. If the
180-day 180 day period provided in subsection (b) expires
before passage of the joint resolution, the agency may not file
the proposed rule, amendment, or repealer or the portion
thereof as adopted and it shall not take effect.
    (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 proposed rule, amendment,
or repealer or portion of a proposed 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. 87-823; 88-667, eff. 9-16-94.)
 
    (5 ILCS 100/5-120)  (from Ch. 127, par. 1005-120)
    Sec. 5-120. Responsibilities of the Joint Committee with
respect to emergency, peremptory, and other existing rules.
    (a) The Joint Committee may examine any rule to determine
whether the rule is within the statutory authority upon which
it is based and whether the rule is in proper form.
    (b) If the Joint Committee objects to a rule, it shall,
within 5 days of the objection, certify the fact to the
adopting agency and include within the certification a
statement of its specific objections.
    (c) Within 90 days after receiving the certification, the
agency shall do one of the following:
        (1) Notify the Joint Committee that it has elected to
    amend the rule to meet the Joint Committee's objection.
        (2) Notify the Joint Committee that it has elected to
    repeal the rule.
        (3) Notify the Joint Committee that it refuses to amend
    or repeal the rule.
    (d) If the agency elects to amend a rule to meet the Joint
Committee's objections, it shall notify the Joint Committee in
writing and shall initiate rulemaking procedures for that
purpose by giving notice as required by Section 5-35. The Joint
Committee shall give priority to rules so amended when setting
its agenda.
    (e) If the agency elects to repeal a rule as a result of
the Joint Committee's objections, it shall notify the Joint
Committee in writing of its election and shall initiate
rulemaking procedures for that purpose by giving notice as
required by Section 5-35.
    (f) If the agency elects to amend or repeal a rule as a
result of the Joint Committee's objections, it shall complete
the process within 180 days after giving notice in the Illinois
Register.
    (g) Failure of the agency to respond to the Joint
Committee's objections to a rule within the time prescribed in
subsection (c) shall constitute a refusal to amend or repeal
the rule.
    (h) If an agency refuses to amend or repeal a rule to
remedy an objection stated by the Joint Committee, it shall
notify the Joint Committee in writing of its refusal and shall
submit a notice of refusal to the Secretary of State. The
notice shall be published in the next available issue of the
Illinois Register. If the Joint Committee, in response to an
agency refusal, decides to suspend the rule, then it may do so
pursuant to Section 5-125. recommend legislative action, then
the Joint Committee shall have drafted and introduced into
either house of the General Assembly appropriate legislation to
implement the recommendations of the Joint Committee.
(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
 
    (5 ILCS 100/5-125)  (from Ch. 127, par. 1005-125)
    Sec. 5-125. Other Joint Committee action with respect to
emergency or peremptory rulemaking.
    (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 the 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 for at least 180 days 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 upon the expiration of 180 days from receipt of the
statement by the Secretary of State, if the General Assembly
discontinues does not continue 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 subsection. During the 180-day 180
day period, the agency may not file, nor may the Secretary of
State accept for filing, any rule that (i) has having
substantially 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 Joint Committee shall, as soon as practicable
after the issuance of a statement under subsection (a), any
member of the General Assembly may introduce in cause to be
introduced in either house of the General Assembly a joint
resolution stating that the General Assembly desires to
discontinue continue the suspension of effectiveness of a rule
or the portion of the rule to which the statement was issued.
The joint resolution shall immediately following its first
reading be placed on the calendar for consideration in each
house of the General Assembly without reference to a standing
committee. If the joint resolution is not passed by both houses
of the General Assembly within the 180-day 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. 87-823; 88-667, eff. 9-16-94.)
 
    Section 10. The Illinois Procurement Code is amended by
changing Section 30-30 as follows:
 
    (30 ILCS 500/30-30)
    Sec. 30-30. Contracts in excess of $250,000. For building
construction contracts in excess of $250,000, separate
specifications shall be prepared for all equipment, labor, and
materials in connection with the following 5 subdivisions of
the work to be performed:
        (1) plumbing;
        (2) heating, piping, refrigeration, and automatic
    temperature control systems, including the testing and
    balancing of those systems;
        (3) ventilating and distribution systems for
    conditioned air, including the testing and balancing of
    those systems;
        (4) electric wiring; and
        (5) general contract work.
    The specifications must be so drawn as to permit separate
and independent bidding upon each of the 5 subdivisions of
work. All contracts awarded for any part thereof shall award
the 5 subdivisions of work separately to responsible and
reliable persons, firms, or corporations engaged in these
classes of work. The contracts, at the discretion of the
construction agency, may be assigned to the successful bidder
on the general contract work or to the successful bidder on the
subdivision of work designated by the construction agency
before the bidding as the prime subdivision of work, provided
that all payments will be made directly to the contractors for
the 5 subdivisions of work upon compliance with the conditions
of the contract. A contract may be let for one or more
buildings in any project to the same contractor. The
specifications shall require, however, that unless the
buildings are identical, a separate price shall be submitted
for each building. The contract may be awarded to the lowest
responsible bidder for each or all of the buildings included in
the specifications.
    Until a date 2 years after the effective date of this
amendatory Act of the 93rd General Assembly, the requirements
of this Section do not apply to the construction of an
Emergency Operations Center for the Illinois Emergency
Management Agency if (i) the majority of the funding for the
project is from federal funds, (ii) the bid of the successful
bidder identifies the name of the subcontractor, if any, and
the bid proposal costs for each of the 5 subdivisions of work
set forth in this Section, and (iii) the contract entered into
with the successful bidder provides that no identified
subcontractor may be terminated without the written consent of
the Capital Development Board.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 9/10/2004