Public Act 90-0155 of the 90th General Assembly

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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
         (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be adopted, amended, or repealed and  filed  as  provided  in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amended,  or  repealed  by  filing  a certified copy with the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.

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