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Public Act 92-0330
SB1150 Enrolled LRB9206046JMmb
AN ACT concerning access to data.
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 Section 5-40 as follows:
(5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
Sec. 5-40. General rulemaking.
(a) In all rulemaking to which Sections 5-45 and 5-50 do
not apply, each agency shall comply with this Section.
(b) Each agency shall give at least 45 days' notice of
its intended action to the general public. This first notice
period shall commence on the first day the notice appears in
the Illinois Register. The first notice shall include all
the following:
(1) The text of the proposed rule, the old and new
materials of a proposed amendment, or the text of the
provision to be repealed.
(2) The specific statutory citation upon which the
proposed rule, the proposed amendment to a rule, or the
proposed repeal of a rule is based and by which it is
authorized.
(3) A complete description of the subjects and
issues involved.
(3.5) A descriptive title or other description of
any published study or research report used in developing
the rule, the identity of the person who performed such
study, and a description of where the public may obtain a
copy of any such study or research report. If the study
was performed by an agency or by a person or entity that
contracted with the agency for the performance of the
study, the agency shall also make copies of the
underlying data available to members of the public upon
request if the data are not protected from disclosure
under the Freedom of Information Act.
(4) For all proposed rules and proposed amendments
to rules, an initial regulatory flexibility analysis
containing a description of the types of small businesses
subject to the rule; a brief description of the proposed
reporting, bookkeeping, and other procedures required for
compliance with the rule; and a description of the types
of professional skills necessary for compliance.
(5) The time, place, and manner in which interested
persons may present their views and comments concerning
the proposed rulemaking.
During the first notice period, the agency shall accept
from any interested persons data, views, arguments, or
comments. These may, in the discretion of the agency, be
submitted either orally or in writing or both. The notice
published in the Illinois Register shall indicate the manner
selected by the agency for the submissions. The agency shall
consider all submissions received.
The agency shall hold a public hearing on the proposed
rulemaking during the first notice period if (i) during the
first notice period, the agency finds that a public hearing
would facilitate the submission of views and comments that
might not otherwise be submitted or (ii) the agency receives
a request for a public hearing, within the first 14 days
after publication of the notice of proposed rulemaking in the
Illinois Register, from 25 interested persons, an association
representing at least 100 interested persons, the Governor,
the Joint Committee on Administrative Rules, or a unit of
local government that may be affected. At the public
hearing, the agency shall allow interested persons to present
views and comments on the proposed rulemaking. A public
hearing in response to a request for a hearing may not be
held less than 20 days after the publication of the notice of
proposed rulemaking in the Illinois Register unless notice of
the public hearing is included in the notice of proposed
rulemaking. A public hearing on proposed rulemaking may not
be held less than 5 days before submission of the notice
required under subsection (c) of this Section to the Joint
Committee on Administrative Rules. Each agency may prescribe
reasonable rules for the conduct of public hearings on
proposed rulemaking to prevent undue repetition at the
hearings. The hearings must be open to the public and
recorded by stenographic or mechanical means. At least one
agency representative shall be present during the hearing who
is qualified to respond to general questions from the public
regarding the agency's proposal and the rulemaking process.
(c) Each agency shall provide additional notice of the
proposed rulemaking to the Joint Committee on Administrative
Rules. The period commencing on the day written notice is
received by the Joint Committee shall be known as the second
notice period and shall expire 45 days thereafter unless
before that time the agency and the Joint Committee have
agreed to extend the second notice period beyond 45 days for
a period not to exceed an additional 45 days or unless the
agency has received a statement of objection from the Joint
Committee or notification from the Joint Committee that no
objection will be issued. The written notice to the Joint
Committee shall include (i) the text and location of any
changes made to the proposed rulemaking during the first
notice period in a form prescribed by the Joint Committee;
(ii) for all proposed rules and proposed amendments to rules,
a final regulatory flexibility analysis containing a summary
of issues raised by small businesses during the first notice
period and a description of actions taken on any alternatives
to the proposed rule suggested by small businesses during the
first notice period, including reasons for rejecting any
alternatives not utilized; and (iii) if a written request has
been made by the Joint Committee within 30 days after initial
notice appears in the Illinois Register under subsection (b)
of this Section, an analysis of the economic and budgetary
effects of the proposed rulemaking. After commencement of the
second notice period, no substantive change may be made to a
proposed rulemaking unless it is made in response to an
objection or suggestion of the Joint Committee. The agency
shall also send a copy of the final regulatory flexibility
analysis to each small business that has presented views or
comments on the proposed rulemaking during the first notice
period and to any other interested person who requests a
copy. The agency may charge a reasonable fee for providing
the copies to cover postage and handling costs.
(d) After the expiration of the second notice period,
after notification from the Joint Committee that no objection
will be issued, or after a response by the agency to a
statement of objections issued by the Joint Committee,
whichever is applicable, the agency shall file, under Section
5-65, a certified copy of each rule, modification, or repeal
of any rule adopted by it. The copy shall be published in
the Illinois Register. Each rule hereafter adopted under
this Section is effective upon filing unless a later
effective date is required by statute or is specified in the
rulemaking.
(e) No rule or modification or repeal of any rule may be
adopted, or filed with the Secretary of State, more than one
year after the date the first notice period for the
rulemaking under subsection (b) commenced. Any period during
which the rulemaking is prohibited from being filed under
Section 5-115 shall not be considered in calculating this
one-year time period.
(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
Passed in the General Assembly May 16, 2001.
Approved August 09, 2001.
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