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Public Act 093-1074
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| SB2234 Enrolled |
LRB093 15890 RCE 41507 b |
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AN ACT in relation to the legislature.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Administrative Procedure Act is |
amended by changing and reenacting Sections 5-115, 5-120, and |
5-125 and validating all actions taken thereunder as follows:
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(5 ILCS 100/5-115) (from Ch. 127, par. 1005-115)
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Sec. 5-115. Other action by the Joint Committee.
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(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
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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
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.
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(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 and |
shall not
nor take effect unless the statement is withdrawn or |
a joint resolution is passed as provided in subsection (c). The |
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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.
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(c) After the issuance
of a statement under subsection (a), |
any member of the General Assembly may introduce in
the General
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Assembly a joint resolution stating that the General Assembly |
desires to discontinue the prohibition against the proposed |
rule, amendment, or repealer
or the portion thereof to which |
the statement was issued being filed and
taking effect. If the |
joint
resolution is not passed by both houses of the General |
Assembly within 180
days after receipt of the statement by the |
Secretary of State or the statement is not withdrawn as |
provided in subsection (a), the agency shall be prohibited from
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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. If the 180-day period 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.
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(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.
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(Source: P.A. 93-1035, eff. 9-10-04.)
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(5 ILCS 100/5-120) (from Ch. 127, par. 1005-120)
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Sec. 5-120. Responsibilities of the Joint Committee with |
respect to
emergency, peremptory, and other existing rules.
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(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.
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(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.
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(c) Within 90 days after receiving the certification, the |
agency shall
do one of the following:
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(1) Notify the Joint Committee that it has elected to |
amend the rule to
meet the Joint Committee's objection.
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(2) Notify the Joint Committee that it has elected to |
repeal the rule.
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(3) Notify the Joint Committee that it refuses to amend |
or repeal
the rule.
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(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.
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(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.
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(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.
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(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.
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(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
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Illinois Register. If the Joint Committee, in response to an |
agency
refusal, decides to suspend a
the rule adopted under |
Section 5-45 or 5-50, then it may do so pursuant to Section |
5-125. Any member of the General Assembly may introduce |
legislation in the General Assembly to implement the |
recommendations of the Joint Committee concerning emergency, |
peremptory, and other existing rules.
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(Source: P.A. 93-1035, eff. 9-10-04.)
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(5 ILCS 100/5-125) (from Ch. 127, par. 1005-125)
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Sec. 5-125. Other Joint Committee action with respect to |
emergency or
peremptory rulemaking.
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(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,
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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
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elected to repeal or amend the rule. Failure of the agency to |
notify the Joint
Committee and Secretary of State within 30 |
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days constitutes a decision by the
agency to not repeal the |
rule.
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(b) The effectiveness of the rule or the portion of a rule |
shall be
suspended immediately upon receipt of the certified
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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
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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
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reason, a rule or portion of a rule that has been suspended |
under this
subsection.
During the 180-day period, the agency |
may not file, and
nor may
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.
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(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
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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
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Secretary of State shall immediately remove the rule or portion |
of a rule
from the collection of effective rules.
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(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 |