Public Act 90-0155 of the 90th General Assembly
Public Act 90-0155
HB1492 Enrolled LRB9003931PTcw
AN ACT concerning administrative procedure.
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 5-15 and 5-75 as follows:
(5 ILCS 100/5-15) (from Ch. 127, par. 1005-15)
Sec. 5-15. Required rules.
(a) Each agency shall maintain as rules the following:
(1) A current description of the agency's
organization with necessary charts depicting that
organization.
(2) The current procedures by which the public can
obtain information or make submissions or requests on
subjects, programs, and activities of the agency.
Requests for copies of agency rules shall not be deemed
Freedom of Information Act requests unless so labeled by
the requestor.
(3) Tables of contents, indices, reference tables,
and other materials to aid users in finding and using the
agency's collection of rules currently in force.
(4) A current description of the agency's
rulemaking procedures with necessary flow charts
depicting those procedures.
(5) Any rules adopted under this Section in
accordance with Sections 5-75 and 10-20 of this Act.
(b) The rules required to be filed by this Section may
be adopted, amended, or repealed and filed as provided in
this Section instead of any other provisions or requirements
of this Act.
The rules required by this Section may be adopted,
amended, or repealed by filing a certified copy with the
Secretary of State under subsections (a) and (b) of Section
5-65 and may become effective immediately.
(Source: P.A. 87-823.)
(5 ILCS 100/5-75) (from Ch. 127, par. 1005-75)
Sec. 5-75. Incorporation by reference.
(a) An agency may incorporate by reference, in its rules
adopted under Section 5-35, rules, regulations, standards,
and guidelines of an agency of the United States or a
nationally or state recognized organization or association
without publishing the incorporated material in full. The
reference in the agency rules must fully identify the
incorporated matter by publisher address and date in order to
specify how a copy of the material may be obtained and must
state that the rule, regulation, standard, or guideline does
not include any later amendments or editions. An agency may
incorporate by reference these matters in its rules only if
the agency, organization, or association originally issuing
the matter makes copies readily available to the public.
This Section does not apply to any agency internal manual.
For any law imposing taxes on or measured by income, the
Department of Revenue may promulgate rules that include
incorporations by reference of federal rules or regulations
without identifying the incorporated matter by date and
without including a statement that the incorporation does not
include later amendments.
(b) Use of the incorporation by reference procedure
under this Section shall be reviewed by the Joint Committee
on Administrative Rules during the rulemaking process as set
forth in this Act.
(c) The agency adopting a rule, regulation, standard, or
guideline under this Section shall maintain a copy of the
referenced rule, regulation, standard, or guideline in at
least one of its principal offices and shall make it
available to the public upon request for inspection and
copying at no more than cost. Requests for copies of
materials incorporated by reference shall not be deemed
Freedom of Information Act requests unless so labeled by the
requestor. The agency shall designate by rule the agency
location at which incorporated materials are maintained and
made available to the public for inspection and copying.
These rules may be adopted under the procedures in Section
5-15. In addition, the agency may include the designation of
the agency location of incorporated materials in a rulemaking
under Section 5-35, but emergency and peremptory rulemaking
procedures may not be used solely for this purpose.
(Source: P.A. 86-599; 87-823.)
Section 99. Effective date. This Act takes effect upon
becoming law.