100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1701

 

Introduced 2/9/2017, by Sen. Karen McConnaughay

 

SYNOPSIS AS INTRODUCED:
 
New Act
55 ILCS 5/5-1069  from Ch. 34, par. 5-1069
55 ILCS 5/5-1069.3
65 ILCS 5/10-4-2  from Ch. 24, par. 10-4-2
65 ILCS 5/10-4-2.3
30 ILCS 805/8.41 new

    Creates the Home Rule Administrative Procedure Act. Provides that home rule municipalities and home rule counties shall adopt all rules through the procedures required by the Act. Provides for procedures for general rulemaking, implementing discretionary powers, incorporation by reference, emergency rulemaking, and peremptory rulemaking. Provides for the creation of a Designated Review Committee composed of 5 members of the governing board of the home rule unit. Provides for agenda, notice, public hearing, and publication requirements. Limits home rule powers. Defines terms. Amends the Counties Code and Illinois Municipal Code making conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective January 1, 2018.


LRB100 11150 AWJ 21442 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1701LRB100 11150 AWJ 21442 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Home
5Rule Administrative Procedure Act.
 
6    Section 5. Applicability. This Act applies to all home rule
7units. Beginning January 1, 2018, if this Act conflicts with
8any other provision of law, this Act controls.
 
9    Section 10. Definitions. As used in this Act:
10    "Designated Review Committee" or "Committee" means a
11committee established under Section 85 of this Act.
12    "Home rule unit" means a home rule county or home rule
13municipality as defined in Section 6 of Article VII of the
14Illinois Constitution.
15    "Governing body" means the county board or the board of
16county commissioners of a home rule county, or the council,
17city council, board of trustees, or other corporate authority
18of a home rule municipality which exercises the general
19governmental powers of a home rule county or home rule
20municipality.
21    "Not for profit corporation" means a corporation organized
22under the General Not For Profit Corporation Act of 1986 that

 

 

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1is not dominant in its field and employs fewer than 50
2full-time employees or has gross annual sales of less than
3$4,000,000. For purposes of a specific rule, a home rule unit
4may define a not for profit corporation to include employment
5of 50 or more persons if it finds that such a definition is
6necessary to adapt the rule to the needs and problems of not
7for profit corporations.
8    "Person" means any individual, partnership, corporation,
9association, governmental subdivision, or public or private
10organization of any character other than a home rule unit.
11    "Rule" means a home rule unit's statement of general
12applicability that implements, applies, interprets, or
13prescribes any ordinance, law, or policy, but does not include:
14(i) statements concerning only the internal management of a
15home rule unit and not affecting private rights or procedures
16available to persons or entities subject to the regulation of
17the home rule unit; (ii) intra-home rule unit memoranda; or
18(iii) the prescription of standardized forms.
19    "Rulemaking" means the process and required documentation
20for the adoption of rules by the home rule unit under this Act.
21    "Small business" means a business that is independently
22owned and operated, not dominant in its field, and employs
23fewer than 50 full-time employees or has gross annual sales of
24less than $4,000,000. For purposes of a specific rule, a home
25rule unit may define small business to include employment of 50
26or more persons if it finds that such a definition is necessary

 

 

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1to adapt the rule to the needs and problems of small businesses
2and organizations.
 
3    Section 15. Rulemaking by home rule units; limitation of
4home rule powers.
5    (a) All rules of a home rule unit shall be adopted in
6accordance with this Act.
7    (b) All rulemaking authority exercised on or after the
8effective date of this Act of the 100th General Assembly is
9conditioned on the rules being adopted in accordance with all
10provisions of this Act; any purported rule not so adopted, for
11whatever reason, including without limitation a decision of a
12court holding any part of this Act invalid, is unauthorized.
13    (c) A home rule unit may not adopt any rule in a manner
14inconsistent with this Act. This Act is a limitation under
15subsection (i) of Section 6 of Article VII of the Illinois
16Constitution on the concurrent exercise by home rule units of
17powers and functions exercised by the State.
 
18    Section 20. Adoption and availability of rules.
19    (a) In addition to other rulemaking requirements imposed by
20law, each home rule unit shall, on its website, make available
21for public inspection all rules adopted by the home rule unit
22in the discharge of its functions.
23    (b) A home rule unit rule is not valid or effective against
24any person or party, and it may not be invoked by the home rule

 

 

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1unit for any purpose, until it has been made available for
2public inspection and publication as required by this Act.
3However, a home rule unit shall not assert the invalidity of a
4rule that it has adopted under this Act when an opposing party
5has relied upon the rule.
 
6    Section 25. Required rules; required documentation.
7    (a) A home rule unit shall maintain as rules the following:
8        (1) A current description of the home rule unit's
9    organization with necessary charts depicting that
10    organization.
11        (2) The current procedures by which the public can
12    obtain information or make submissions or requests on
13    subjects, programs, and activities of the home rule unit.
14    Requests for copies of rules shall not be deemed Freedom of
15    Information Act requests unless so labeled by the
16    requester.
17        (3) Tables of contents, indices, reference tables, and
18    other materials to aid users in finding and using the home
19    rule unit's collection of rules currently in force.
20        (4) A current description of the home rule unit's
21    rulemaking procedures with necessary flow charts depicting
22    those procedures.
23        (5) Any rules adopted under this Section in accordance
24    with Section 75 of this Act.
25    The rules required by this subsection may be adopted,

 

 

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1amended, or repealed by publishing a copy of the rules on the
2home rule unit's website notwithstanding any other provision or
3requirement of this Act.
4    (b) Background text in rulemaking documentation shall
5match the current text of the rules of the home rule unit. As
6used in this subsection, "background text" means existing text
7of the existing rules of the home rule unit that is part of a
8rulemaking but is not being amended by the rulemaking.
9    (c) No material that was originally proposed in one
10rulemaking may be combined with another proposed rulemaking
11that was initially published without that material. However,
12this does not preclude separate rulemakings from being combined
13for publication at the time of adoption.
14    (d) The following documentation is required when
15rulemaking:
16        (1) At the time of original proposal, rulemaking
17    documentation must consist of a notice page and new,
18    amendatory, or repealed text. New, repealed, and
19    amendatory text must be depicted in the manner required by
20    this Act. Amendatory rulemakings must indicate text
21    deletion by striking through all text that is to be omitted
22    and must indicate text addition by underlining all new
23    text.
24        (2) At the time of adoption, documentation must also
25    include pages indicating the text of the new rule, without
26    striking and underlining, for inclusion in the official

 

 

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1    records of the home rule unit and the publication required
2    under Section 70 of this Act.
3        (3) For a required rulemaking adopted under this
4    Section 25, an emergency rulemaking under Section 50 of
5    this Act, or a peremptory rulemaking under Section 55 of
6    this Act, the documentation requirements of paragraphs (1)
7    and (2) of this subsection (d) apply at the time of
8    adoption.
 
9    Section 30. Implementing discretionary powers. Each rule
10that implements a discretionary power to be exercised by a home
11rule unit shall include the standards by which the home rule
12unit shall exercise the power. The standards shall be stated as
13precisely and clearly as practicable under the conditions to
14inform fully those persons affected.
 
15    Section 35. Regulatory flexibility. When a home rule unit
16proposes a new rule or an amendment to an existing rule that
17may have an impact on small businesses or not for profit
18corporations, the home rule unit shall do each of the
19following:
20        (1) The home rule unit shall consider each of the
21    following methods for reducing the impact of the rulemaking
22    on small businesses or not for profit corporations by
23    utilizing one or more of the following methods if it finds
24    that the methods are legal and feasible in meeting the

 

 

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1    statutory objectives that are the basis of the proposed
2    rulemaking:
3            (A) Establish less stringent compliance or
4        reporting requirements in the rule for small
5        businesses or not for profit corporations.
6            (B) Establish less stringent schedules or
7        deadlines in the rule for compliance or reporting
8        requirements for small businesses or not for profit
9        corporations.
10            (C) Consolidate or simplify the rule's compliance
11        or reporting requirements for small businesses or not
12        for profit corporations.
13            (D) Establish performance standards to replace
14        design or operational standards in the rule for small
15        businesses or not for profit corporations.
16            (E) Exempt small businesses or not for profit
17        corporations from any or all requirements of the rule.
18        (2) Before or during the notice period required under
19    subsection (b) of Section 45 of this Act, the home rule
20    unit shall provide an opportunity for small businesses or
21    not for profit corporations to participate in the
22    rulemaking process and shall utilize one or more of the
23    following techniques which are in addition to other
24    rulemaking requirements imposed by this Act or by any other
25    Act:
26            (A) The inclusion in any advance notice of possible

 

 

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1        rulemaking of a statement that the rule may have an
2        impact on small businesses or not for profit
3        corporations.
4            (B) The publication of a notice of rulemaking in
5        publications likely to be obtained by small businesses
6        or not for profit corporations.
7            (C) The direct notification of interested small
8        businesses or not for profit corporations.
9            (D) The conduct of public hearings concerning the
10        impact of the rule on small businesses or not for
11        profit corporations.
12            (E) The use of special hearing or comment
13        procedures to reduce the cost or complexity of
14        participation in the rulemaking by small businesses or
15        not for profit corporations.
16        (3) Prior to the filing for publication of any proposed
17    rule or amendment that may have an adverse impact on small
18    businesses, a home rule unit must prepare an economic
19    impact analysis which shall include all of the following:
20            (A) An identification of the types and estimate of
21        the number of the small businesses subject to the
22        proposed rule or amendment.
23            (B) The projected reporting, recordkeeping, and
24        other administrative costs required for compliance
25        with the proposed rule or amendment, including the type
26        of professional skills necessary for preparation of

 

 

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1        the report or record.
2            (C) A statement of the probable positive or
3        negative economic effect on impacted small businesses.
4            (D) A description of any less intrusive or less
5        costly alternative methods of achieving the purpose of
6        the proposed rule or amendment. The alternatives must
7        be consistent with the stated objectives of the
8        applicable statutes and the proposed rulemaking.
 
9    Section 40. Procedure for rulemaking.
10    (a) Before the adoption, amendment, or repeal of any rule,
11each home rule unit shall accomplish the actions required by
12Section 45, 50, or 55 of this Act, whichever is applicable.
13    (b) No action by any home rule unit to adopt, amend, or
14repeal a rule after the effective date of this Act of the 100th
15General Assembly shall be valid unless taken in compliance with
16this Section. A proceeding to contest any rule on the ground of
17non-compliance with the procedural requirements of this
18Section must be commenced within 2 years from the effective
19date of the rule.
20    (c) The rulemaking procedures of this Act do not apply to a
21matter relating solely to a home rule unit's management or
22personnel practices or to public property, loans, or contracts.
 
23    Section 45. General rulemaking.
24    (a) In all rulemaking to which Sections 50 and 55 of this

 

 

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1Act do not apply, a home rule unit shall comply with this
2Section.
3    (b) A home rule unit shall give at least 45 days' notice of
4its intended action to the general public. This first notice
5period shall commence on the first day the notice is published
6on the website maintained by the home rule unit. The first
7notice shall include all the following:
8        (1) The text of the proposed rule, the old and new
9    materials of a proposed amendment, or the text of the
10    provision to be repealed.
11        (2) The specific authority including any ordinance of
12    the home rule unit and statutory citation upon which the
13    proposed rule, the proposed amendment to a rule, or the
14    proposed repeal of a rule is based and by which it is
15    authorized.
16        (3) A complete description of the subjects and issues
17    involved.
18        (4) A descriptive title or other description of any
19    published study or research report used in developing the
20    rule, the identity of the person who performed the study,
21    and a description of where the public may obtain a copy of
22    any such study or research report. If the study was
23    performed by a home rule unit or by a person or entity that
24    contracted with the home rule unit for the performance of
25    the study, the home rule unit shall also make copies of the
26    underlying data available to members of the public upon

 

 

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1    request if the data are not protected from disclosure under
2    the Freedom of Information Act.
3        (5) For all proposed rules and proposed amendments to
4    rules, an initial regulatory flexibility analysis
5    containing a description of the types of small businesses
6    subject to the rule; a brief description of the proposed
7    reporting, bookkeeping, and other procedures required for
8    compliance with the rule; and a description of the types of
9    professional skills necessary for compliance.
10        (6) The time, place, and manner in which interested
11    persons may present their views and comments concerning the
12    proposed rulemaking.
13    During the first notice period, the home rule unit shall
14accept from any interested persons data, views, arguments, or
15comments. These may, in the discretion of the home rule unit,
16be submitted either orally or in writing or both. The notice
17published on the home rule unit's website shall indicate the
18manner selected by the home rule unit for the submissions. The
19home rule unit shall consider all submissions received.
20    A home rule unit shall hold a public hearing on the
21proposed rulemaking during the first notice period if: (i)
22during the first notice period, the home rule unit finds that a
23public hearing would facilitate the submission of views and
24comments that might not otherwise be submitted; or (ii) the
25home rule unit receives a request for a public hearing, within
26the first 14 days after publication of the notice of proposed

 

 

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1rulemaking, from 25 interested persons, an association
2representing at least 100 interested persons, the mayor or
3other chief executive officer or county board president of the
4home rule unit, or a unit of local government that may be
5affected. At the public hearing, the home rule unit shall allow
6interested persons to present views and comments on the
7proposed rulemaking. A public hearing in response to a request
8for a hearing may not be held less than 20 days after the
9publication of the notice of proposed rulemaking unless notice
10of the public hearing is included in the notice of proposed
11rulemaking. A public hearing on proposed rulemaking may not be
12held less than 5 days before submission of the notice required
13under subsection (c) of this Section to the Designated Review
14Committee of the home rule unit. Each home rule unit may
15prescribe reasonable rules for the conduct of public hearings
16on proposed rulemaking to prevent undue repetition at the
17hearings. The hearings must be open to the public and recorded
18by stenographic or electronic means. At least one home rule
19unit representative shall be present during the hearing who is
20qualified to respond to general questions from the public
21regarding the home rule unit's proposal and the rulemaking
22process.
23    (c) A home rule unit shall provide additional notice of the
24proposed rulemaking to the Designated Review Committee. The
25period commencing on the day written notice is received by the
26Committee shall be known as the second notice period and shall

 

 

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1expire 45 days after the written notice is received by the
2Committee unless, before that time, the home rule unit and the
3Committee have agreed to extend the second notice period beyond
445 days for a period not to exceed an additional 45 days or
5unless the home rule unit has received a statement of objection
6from the Committee or notification from the Committee that no
7objection will be issued. The written notice to the Committee
8shall include: (i) the text and location of any changes made to
9the proposed rulemaking during the first notice period; (ii)
10for all proposed rules and proposed amendments to rules, a
11final regulatory flexibility analysis containing a summary of
12issues raised by small businesses during the first notice
13period and a description of actions taken on any alternatives
14to the proposed rule suggested by small businesses during the
15first notice period, including reasons for rejecting any
16alternatives not utilized; and (iii) an analysis of the
17economic and budgetary effects of the proposed rulemaking.
18After commencement of the second notice period, no substantive
19change may be made to a proposed rulemaking unless it is made
20in response to an objection or suggestion of the Designated
21Review Committee. The home rule unit shall also send a copy of
22the final regulatory flexibility analysis to each small
23business that has presented views or comments on the proposed
24rulemaking during the first notice period and to any other
25interested person who requests a copy. The home rule unit may
26charge a reasonable fee for providing the copies to cover

 

 

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1postage and handling costs.
2    (d) After the expiration of the second notice period, after
3notification from the Designated Review Committee that no
4objection will be issued, or after a response by the home rule
5unit to a statement of objections issued by the Committee,
6whichever is applicable, the home rule unit shall publish,
7under Section 70 of this Act, a copy of each rule,
8modification, or repeal of any rule adopted by it. Each rule
9adopted under this Section is effective upon publishing unless
10a later effective date is required by ordinance or statute or
11is specified in the rulemaking.
12    (e) No rule or modification or repeal of any rule may be
13adopted, or published under Section 70 of this Act, more than
14one year after the date the first notice period for the
15rulemaking under subsection (b) of this Section commenced.
 
16    Section 50. Emergency rulemaking.
17    (a) For purposes of this Act, "emergency" means the
18existence of any situation that any home rule unit finds
19reasonably constitutes a threat to the public interest, safety,
20or welfare.
21    (b) If a home rule unit finds that an emergency exists that
22requires adoption of a rule upon fewer days notice than is
23required by Section 45 of this Act and states in writing its
24reasons for that finding, the home rule unit may adopt an
25emergency rule without prior notice or hearing upon filing a

 

 

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1notice of emergency rulemaking on its website under Section 70
2of this Act. The notice shall include the text of the emergency
3rule. Consent orders or other court orders adopting settlements
4negotiated by a home rule unit may be adopted under this
5Section. Subject to applicable constitutional or statutory
6provisions, an emergency rule becomes effective immediately
7upon publishing under Section 70 of this Act or at a stated
8date less than 10 days after publication. The home rule unit's
9finding and a statement of the specific reasons for the finding
10shall be published with the rule. The home rule unit shall take
11reasonable and appropriate measures to make emergency rules
12known to the persons who may be affected by them.
13    (c) An emergency rule may be effective for a period of not
14longer than 150 days, but the home rule unit's authority to
15adopt an identical rule under Section 45 of this Act is not
16precluded. No emergency rule may be adopted more than once in
17any 24-month period. Two or more emergency rules having
18substantially the same purpose and effect shall be deemed to be
19a single rule for purposes of this Section.
 
20    Section 55. Peremptory rulemaking.
21    (a) For purposes of this Act, "peremptory rulemaking" means
22any rulemaking that is required as a result of federal or State
23law, federal or State rules and regulations, an order of a
24court, under conditions that preclude compliance with the
25general rulemaking requirements imposed by Section 45 of this

 

 

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1Act and that preclude the exercise of discretion by the home
2rule unit as to the content of the rule it is required to
3adopt.
4    (b) If a home rule unit finds that peremptory rulemaking is
5necessary and states in writing its reasons for that finding,
6the home rule unit may adopt peremptory rulemaking upon
7publishing a notice of rulemaking on its website. A rule
8adopted under the peremptory rulemaking provisions of this
9Section becomes effective immediately upon publication or at a
10date required or authorized by the relevant federal or State
11law, federal or State rules and regulations, or court order, as
12stated in the notice of rulemaking. Notice of rulemaking under
13this Section shall specifically refer to the appropriate State
14or federal court order or federal law, rules, and regulations.
15The home rule unit shall publish the notice of peremptory
16rulemaking within 30 days after a change in rules is required.
17    (c) Peremptory rulemaking shall not be used to implement
18consent orders or other court orders adopting settlements
19negotiated by the home rule unit.
 
20    Section 60. Automatic repeal of rules. A rule may provide
21for its automatic repeal on a date specified in the rule. The
22repeal shall be effective on the date specified, provided that
23notice of the repeal is published on the home rule unit's
24website not less than 30 nor more than 60 days before the
25effective date of the repeal. This Section does not apply to

 

 

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1any rules published under Section 50 of this Act.
 
2    Section 65. Regulatory agenda. A home rule unit shall
3publish on its website by January 1 and July 1 of each year a
4regulatory agenda to elicit public comments concerning any rule
5that the home rule unit is considering proposing but for which
6no notice of proposed rulemaking activity has been published. A
7regulatory agenda shall consist of summaries of those rules.
8Each summary shall, in less than 2,000 words, contain the
9following when practicable:
10        (1) A description of the rule.
11        (2) The statutory authority the home rule unit is
12    exercising.
13        (3) A schedule of the dates for any hearings, meetings,
14    or other opportunities for public participation in the
15    development of the rule.
16        (4) The date the home rule unit anticipates submitting
17    a notice of proposed rulemaking activity, if known.
18        (5) The name, address, and telephone number of the home
19    rule unit representative who is knowledgeable about the
20    rule, from whom any information may be obtained, and to
21    whom written comments may be submitted concerning the rule.
22        (6) A statement whether the rule will affect small
23    businesses or not for profit corporations.
24        (7) Any other information that may serve the public
25    interest.

 

 

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1    Nothing in this Section shall preclude a home rule unit
2from adopting a rule that has not been summarized in a
3regulatory agenda or from adopting a rule different than one
4summarized in a regulatory agenda if in the judgment of the
5mayor, president, chair, or other chief executive officer of
6the governing body of the home rule unit finds that it is
7necessary. If a home rule unit finds that a situation exists
8that requires adoption of a rule that was not summarized on
9either of the 2 most recent regulatory agendas, it shall state
10its reasons in writing together with the facts that form their
11basis upon publishing the notice of proposed rulemaking under
12Section 45 of this Act. Nothing in this Section shall require a
13home rule unit to adopt a rule summarized in a regulatory
14agenda.
 
15    Section 70. Publishing of rules. No later than July 1,
162018, a home rule unit shall publish on its website a copy of
17each rule adopted in the home rule unit on or before July 1,
182018, and shall publish each rule adopted after that date as
19required by this Act.
 
20    Section 75. Incorporation by reference.
21    (a) A home rule unit may incorporate by reference, in its
22rules adopted under Section 40 of this Act, rules, regulations,
23standards, and guidelines of a an agency of the United States
24or a nationally or state recognized organization or association

 

 

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1without publishing the incorporated material in full. The
2reference in the rules must fully identify the incorporated
3matter by publisher address and date in order to specify how a
4copy of the material may be obtained and must state that the
5rule, regulation, standard, or guideline does not include any
6later amendments or editions. A home rule unit may incorporate
7by reference these matters in its rules only if the home rule
8unit, organization, or association originally issuing the
9matter makes copies readily available to the public.
10    (b) The home rule unit adopting a rule, regulation,
11standard, or guideline under this Section shall maintain a copy
12of the referenced rule, regulation, standard, or guideline in
13at least one of its principal offices and shall make it
14available to the public upon request for inspection and copying
15at no more than cost. Requests for copies of materials
16incorporated by reference shall not be deemed Freedom of
17Information Act requests unless so labeled by the requester.
18The home rule unit shall designate by rule the location at
19which incorporated materials are maintained and made available
20to the public for inspection and copying. These rules may be
21adopted under the procedures in Section 25 of this Act. In
22addition, the home rule unit may include the designation of the
23location of incorporated materials in a rulemaking under
24Section 40 of this Act, but emergency and peremptory rulemaking
25procedures may not be used solely for this purpose.
 

 

 

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1    Section 80. Publication of rules. The publication of a rule
2on the home rule unit's website as an adopted rule shall
3establish a rebuttable presumption that the rule was duly
4adopted. Judicial or official notice shall be taken of the text
5of each rule published on the home rule unit's website.
 
6    Section 85. Designated Review Committee.
7    (a) A home rule unit shall establish a Designated Review
8Committee. The Committee shall consist of 5 members of the
9governing body of the home rule unit who shall be appointed by
10the governing body. The political party representation of the
11Designated Review Committee shall, as closely as possible,
12mirror that of the appointing body. Appointments made under
13this Section are for a term of 2 years.
14    (b) The agenda of each meeting of the Committee shall be
15published at least 5 days before the meeting on the home rule
16unit's website. The provisions of this subsection shall not
17prohibit the Committee from acting upon an item that was not
18contained in the published agenda.
19    (c) The Committee may charge reasonable fees for copies of
20documents or publications to cover the cost of copying or
21printing.
 
22    Section 90. Powers of the Designated Review Committee. A
23Designated Review Committee shall have the following powers
24under this Act:

 

 

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1        (1) The function of the Committee shall be the
2    promotion of adequate and proper rules by a home rule unit
3    and an understanding on the part of the public respecting
4    those rules. This function shall be advisory only.
5        (2) Failure of the Committee to object to any proposed
6    rule, amendment, or repealer or any existing rule shall not
7    be construed as implying direct or indirect approval of the
8    rule or proposed rule, amendment, or repealer by the
9    Committee.
 
10    Section 95. Responsibilities of the Designated Review
11Committee with respect to proposed rules, amendments, or
12repealers.
13    (a) The Committee shall examine any proposed rule,
14amendment to a rule, and repeal of a rule to determine whether
15the proposed rule, amendment to a rule, or repeal of a rule is
16within the statutory authority upon which it is based; whether
17the rule, amendment to a rule, or repeal of a rule is in proper
18form; and whether the notice was given before its adoption,
19amendment, or repeal and was sufficient to give adequate notice
20of the purpose and effect of the rule, amendment, or repeal. In
21addition, the Committee shall consider whether the home rule
22unit has considered alternatives to the rule that are
23consistent with the stated objectives of both the applicable
24statutes and regulations and whether the rule is designed to
25minimize economic impact on small businesses.

 

 

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1    (b) If the Committee objects to a proposed rule, amendment
2to a rule, or repeal of a rule, it shall certify the fact to the
3home rule unit and include with the certification a statement
4of its specific objections.
5    (c) If within the second notice period the Committee
6certifies its objections to the home rule unit, then that home
7rule unit shall do one of the following within 90 days after
8receiving the statement of objection:
9        (1) modify the proposed rule, amendment, or repealer to
10    meet the Committee's objections;
11        (2) withdraw the proposed rule, amendment, or repealer
12    in its entirety; or
13        (3) refuse to modify or withdraw the proposed rule,
14    amendment, or repealer.
15    (d) If a home rule unit elects to modify a proposed rule,
16amendment, or repealer to meet the Committee's objections, it
17shall make those modifications that are necessary to meet the
18objections and shall resubmit the rule, amendment, or repealer
19to the Committee. In addition, the home rule unit shall publish
20a notice of its election to modify the proposed rule,
21amendment, or repealer to meet the Committee's objections on
22the home rule unit's website, but the home rule unit shall not
23be required to conduct a public hearing. If the Committee
24determines that the modifications do not remedy the Committee's
25objections, it shall so notify the home rule unit in writing
26and a copy of that notification shall be published on the home

 

 

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1rule unit's website. In addition, the Committee may recommend
2legislative action as provided in subsection (g) of this
3Section for home rule unit refusals.
4    (e) If a home rule unit elects to withdraw a proposed rule,
5amendment, or repealer as a result of the Committee's
6objections, it shall notify the Committee in writing of its
7election and shall publish a notice of the withdrawal on the
8home rule unit's website.
9    (f) Failure of a home rule unit to respond to the
10Committee's objections to a proposed rule, amendment, or
11repealer within the time prescribed in subsection (c) of this
12Section shall constitute withdrawal of the proposed rule,
13amendment, or repealer in its entirety. The Committee shall
14publish a notice to that effect on the home rule unit's
15website.
16    (g) If a home rule unit refuses to modify or withdraw the
17proposed rule, amendment, or repealer to remedy an objection
18stated by the Committee, it shall notify the Committee in
19writing of its refusal and shall publish a notice of refusal on
20the home rule unit's website with 14 calendar days of the date
21of the refusal. If the Committee decides to recommend
22legislative action in response to a home rule unit refusal,
23then the Committee shall have drafted and introduced into the
24governing body of the home rule unit appropriate legislation to
25implement the recommendations of the Committee.
26    (h) No rule, amendment, or repeal of a rule shall be

 

 

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1published on the home rule unit website as adopted until after
2the home rule unit has responded to the objections of the
3Committee as provided in this Section.
 
4    Section 100. Responsibilities of the Designated Review
5Committee with respect to emergency, peremptory, and other
6existing rules.
7    (a) The Committee may examine any rule to determine whether
8the rule is within the statutory authority upon which it is
9based and whether the rule is in proper form.
10    (b) If the Committee objects to a rule, it shall, within 5
11days of the objection, certify the fact to the adopting home
12rule unit and include within the certification a statement of
13its specific objections.
14    (c) Within 90 days after receiving the certification, the
15home rule unit shall do one of the following:
16        (1) notify the Committee that it has elected to amend
17    the rule to meet the Committee's objection;
18        (2) notify the Committee that it has elected to repeal
19    the rule; or
20        (3) notify the Committee that it refuses to amend or
21    repeal the rule.
22    (d) If the home rule unit elects to amend a rule to meet
23the Committee's objections, it shall notify the Committee in
24writing and shall initiate rulemaking procedures for that
25purpose by giving notice as required by Section 40 of this Act.

 

 

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1The Committee shall give priority to rules so amended when
2setting its agenda.
3    (e) If the home rule unit elects to repeal a rule as a
4result of the Committee's objections, it shall notify the
5Committee in writing of its election and shall initiate
6rulemaking procedures for that purpose by giving notice as
7required by Section 40 of this Act.
8    (f) If the home rule unit elects to amend or repeal a rule
9as a result of the Committee's objections, it shall complete
10the process within 180 days after giving notice on the home
11rule unit's website.
12    (g) Failure of the home rule unit to respond to the
13Committee's objections to a rule within the time prescribed in
14subsection (c) of this Section shall constitute a refusal to
15amend or repeal the rule.
16    (h) If the home rule unit refuses to amend or repeal a rule
17to remedy an objection stated by the Committee, it shall notify
18the Committee in writing of its refusal and shall publish a
19notice of refusal on the home rule unit's website. The notice
20shall be published within 14 calendar days.
 
21    Section 105. Request for adoption of rules.
22    (a) A home rule unit shall, in accordance with Section 40
23of this Act, adopt rules that implement recently enacted
24legislation in a timely and expeditious manner.
25    (b) Any interested person may request a home rule unit to

 

 

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1adopt, amend, or repeal a rule. A home rule unit shall
2prescribe by rule the procedure for consideration and
3disposition of the person's request. If, within 30 days after
4submission of a request, the home rule unit has not initiated
5rulemaking proceedings in accordance with Section 40 of this
6Act, the request shall be deemed to have been denied.
 
7    Section 110. Website. If a home rule unit does not have a
8website, it shall create and maintain a website that contains,
9at a minimum, the information required by this Act.
 
10    Section 800. The Counties Code is amended by changing
11Sections 5-1069 and 5-1069.3 as follows:
 
12    (55 ILCS 5/5-1069)  (from Ch. 34, par. 5-1069)
13    Sec. 5-1069. Group life, health, accident, hospital, and
14medical insurance.
15    (a) The county board of any county may arrange to provide,
16for the benefit of employees of the county, group life, health,
17accident, hospital, and medical insurance, or any one or any
18combination of those types of insurance, or the county board
19may self-insure, for the benefit of its employees, all or a
20portion of the employees' group life, health, accident,
21hospital, and medical insurance, or any one or any combination
22of those types of insurance, including a combination of
23self-insurance and other types of insurance authorized by this

 

 

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1Section, provided that the county board complies with all other
2requirements of this Section. The insurance may include
3provision for employees who rely on treatment by prayer or
4spiritual means alone for healing in accordance with the tenets
5and practice of a well recognized religious denomination. The
6county board may provide for payment by the county of a portion
7or all of the premium or charge for the insurance with the
8employee paying the balance of the premium or charge, if any.
9If the county board undertakes a plan under which the county
10pays only a portion of the premium or charge, the county board
11shall provide for withholding and deducting from the
12compensation of those employees who consent to join the plan
13the balance of the premium or charge for the insurance.
14    (b) If the county board does not provide for self-insurance
15or for a plan under which the county pays a portion or all of
16the premium or charge for a group insurance plan, the county
17board may provide for withholding and deducting from the
18compensation of those employees who consent thereto the total
19premium or charge for any group life, health, accident,
20hospital, and medical insurance.
21    (c) The county board may exercise the powers granted in
22this Section only if it provides for self-insurance or, where
23it makes arrangements to provide group insurance through an
24insurance carrier, if the kinds of group insurance are obtained
25from an insurance company authorized to do business in the
26State of Illinois. The county board may enact an ordinance

 

 

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1prescribing the method of operation of the insurance program.
2    (d) If a county, including a home rule county, is a
3self-insurer for purposes of providing health insurance
4coverage for its employees, the insurance coverage shall
5include screening by low-dose mammography for all women 35
6years of age or older for the presence of occult breast cancer
7unless the county elects to provide mammograms itself under
8Section 5-1069.1. The coverage shall be as follows:
9         (1) A baseline mammogram for women 35 to 39 years of
10    age.
11         (2) An annual mammogram for women 40 years of age or
12    older.
13         (3) A mammogram at the age and intervals considered
14    medically necessary by the woman's health care provider for
15    women under 40 years of age and having a family history of
16    breast cancer, prior personal history of breast cancer,
17    positive genetic testing, or other risk factors.
18        (4) A comprehensive ultrasound screening of an entire
19    breast or breasts if a mammogram demonstrates
20    heterogeneous or dense breast tissue, when medically
21    necessary as determined by a physician licensed to practice
22    medicine in all of its branches, advanced practice nurse,
23    or physician assistant.
24    For purposes of this subsection, "low-dose mammography"
25means the x-ray examination of the breast using equipment
26dedicated specifically for mammography, including the x-ray

 

 

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1tube, filter, compression device, and image receptor, with an
2average radiation exposure delivery of less than one rad per
3breast for 2 views of an average size breast. The term also
4includes digital mammography.
5    (d-5) Coverage as described by subsection (d) shall be
6provided at no cost to the insured and shall not be applied to
7an annual or lifetime maximum benefit.
8    (d-10) When health care services are available through
9contracted providers and a person does not comply with plan
10provisions specific to the use of contracted providers, the
11requirements of subsection (d-5) are not applicable. When a
12person does not comply with plan provisions specific to the use
13of contracted providers, plan provisions specific to the use of
14non-contracted providers must be applied without distinction
15for coverage required by this Section and shall be at least as
16favorable as for other radiological examinations covered by the
17policy or contract.
18    (d-15) If a county, including a home rule county, is a
19self-insurer for purposes of providing health insurance
20coverage for its employees, the insurance coverage shall
21include mastectomy coverage, which includes coverage for
22prosthetic devices or reconstructive surgery incident to the
23mastectomy. Coverage for breast reconstruction in connection
24with a mastectomy shall include:
25        (1) reconstruction of the breast upon which the
26    mastectomy has been performed;

 

 

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1        (2) surgery and reconstruction of the other breast to
2    produce a symmetrical appearance; and
3        (3) prostheses and treatment for physical
4    complications at all stages of mastectomy, including
5    lymphedemas.
6Care shall be determined in consultation with the attending
7physician and the patient. The offered coverage for prosthetic
8devices and reconstructive surgery shall be subject to the
9deductible and coinsurance conditions applied to the
10mastectomy, and all other terms and conditions applicable to
11other benefits. When a mastectomy is performed and there is no
12evidence of malignancy then the offered coverage may be limited
13to the provision of prosthetic devices and reconstructive
14surgery to within 2 years after the date of the mastectomy. As
15used in this Section, "mastectomy" means the removal of all or
16part of the breast for medically necessary reasons, as
17determined by a licensed physician.
18    A county, including a home rule county, that is a
19self-insurer for purposes of providing health insurance
20coverage for its employees, may not penalize or reduce or limit
21the reimbursement of an attending provider or provide
22incentives (monetary or otherwise) to an attending provider to
23induce the provider to provide care to an insured in a manner
24inconsistent with this Section.
25    (d-20) The requirement that mammograms be included in
26health insurance coverage as provided in subsections (d)

 

 

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1through (d-15) is an exclusive power and function of the State
2and is a denial and limitation under Article VII, Section 6,
3subsection (h) of the Illinois Constitution of home rule county
4powers. A home rule county to which subsections (d) through
5(d-15) apply must comply with every provision of those
6subsections.
7    (e) The term "employees" as used in this Section includes
8elected or appointed officials but does not include temporary
9employees.
10    (f) The county board may, by ordinance, arrange to provide
11group life, health, accident, hospital, and medical insurance,
12or any one or a combination of those types of insurance, under
13this Section to retired former employees and retired former
14elected or appointed officials of the county.
15    (g) Notwithstanding the Home Rule Administrative Procedure
16Act, rulemaking Rulemaking authority to implement Public Act
1795-1045 this amendatory Act of the 95th General Assembly, if
18any, is conditioned on the rules being adopted in accordance
19with all provisions of the Illinois Administrative Procedure
20Act and all rules and procedures of the Joint Committee on
21Administrative Rules; any purported rule not so adopted, for
22whatever reason, is unauthorized.
23(Source: P.A. 99-581, eff. 1-1-17.)
 
24    (55 ILCS 5/5-1069.3)
25    Sec. 5-1069.3. Required health benefits. If a county,

 

 

SB1701- 32 -LRB100 11150 AWJ 21442 b

1including a home rule county, is a self-insurer for purposes of
2providing health insurance coverage for its employees, the
3coverage shall include coverage for the post-mastectomy care
4benefits required to be covered by a policy of accident and
5health insurance under Section 356t and the coverage required
6under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
7356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
8356z.14, 356z.15, and 356z.22 of the Illinois Insurance Code.
9The coverage shall comply with Sections 155.22a, 355b, 356z.19,
10and 370c of the Illinois Insurance Code. The requirement that
11health benefits be covered as provided in this Section is an
12exclusive power and function of the State and is a denial and
13limitation under Article VII, Section 6, subsection (h) of the
14Illinois Constitution. A home rule county to which this Section
15applies must comply with every provision of this Section.
16    Notwithstanding the Home Rule Administrative Procedure
17Act, rulemaking Rulemaking authority to implement Public Act
1895-1045, if any, is conditioned on the rules being adopted in
19accordance with all provisions of the Illinois Administrative
20Procedure Act and all rules and procedures of the Joint
21Committee on Administrative Rules; any purported rule not so
22adopted, for whatever reason, is unauthorized.
23(Source: P.A. 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15;
2499-480, eff. 9-9-15.)
 
25    Section 805. The Illinois Municipal Code is amended by

 

 

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1changing Sections 10-4-2 and 10-4-2.3 as follows:
 
2    (65 ILCS 5/10-4-2)  (from Ch. 24, par. 10-4-2)
3    Sec. 10-4-2. Group insurance.
4    (a) The corporate authorities of any municipality may
5arrange to provide, for the benefit of employees of the
6municipality, group life, health, accident, hospital, and
7medical insurance, or any one or any combination of those types
8of insurance, and may arrange to provide that insurance for the
9benefit of the spouses or dependents of those employees. The
10insurance may include provision for employees or other insured
11persons who rely on treatment by prayer or spiritual means
12alone for healing in accordance with the tenets and practice of
13a well recognized religious denomination. The corporate
14authorities may provide for payment by the municipality of a
15portion of the premium or charge for the insurance with the
16employee paying the balance of the premium or charge. If the
17corporate authorities undertake a plan under which the
18municipality pays a portion of the premium or charge, the
19corporate authorities shall provide for withholding and
20deducting from the compensation of those municipal employees
21who consent to join the plan the balance of the premium or
22charge for the insurance.
23    (b) If the corporate authorities do not provide for a plan
24under which the municipality pays a portion of the premium or
25charge for a group insurance plan, the corporate authorities

 

 

SB1701- 34 -LRB100 11150 AWJ 21442 b

1may provide for withholding and deducting from the compensation
2of those employees who consent thereto the premium or charge
3for any group life, health, accident, hospital, and medical
4insurance.
5    (c) The corporate authorities may exercise the powers
6granted in this Section only if the kinds of group insurance
7are obtained from an insurance company authorized to do
8business in the State of Illinois, or are obtained through an
9intergovernmental joint self-insurance pool as authorized
10under the Intergovernmental Cooperation Act. The corporate
11authorities may enact an ordinance prescribing the method of
12operation of the insurance program.
13    (d) If a municipality, including a home rule municipality,
14is a self-insurer for purposes of providing health insurance
15coverage for its employees, the insurance coverage shall
16include screening by low-dose mammography for all women 35
17years of age or older for the presence of occult breast cancer
18unless the municipality elects to provide mammograms itself
19under Section 10-4-2.1. The coverage shall be as follows:
20        (1) A baseline mammogram for women 35 to 39 years of
21    age.
22        (2) An annual mammogram for women 40 years of age or
23    older.
24        (3) A mammogram at the age and intervals considered
25    medically necessary by the woman's health care provider for
26    women under 40 years of age and having a family history of

 

 

SB1701- 35 -LRB100 11150 AWJ 21442 b

1    breast cancer, prior personal history of breast cancer,
2    positive genetic testing, or other risk factors.
3        (4) A comprehensive ultrasound screening of an entire
4    breast or breasts if a mammogram demonstrates
5    heterogeneous or dense breast tissue, when medically
6    necessary as determined by a physician licensed to practice
7    medicine in all of its branches.
8    For purposes of this subsection, "low-dose mammography"
9means the x-ray examination of the breast using equipment
10dedicated specifically for mammography, including the x-ray
11tube, filter, compression device, and image receptor, with an
12average radiation exposure delivery of less than one rad per
13breast for 2 views of an average size breast. The term also
14includes digital mammography.
15    (d-5) Coverage as described by subsection (d) shall be
16provided at no cost to the insured and shall not be applied to
17an annual or lifetime maximum benefit.
18    (d-10) When health care services are available through
19contracted providers and a person does not comply with plan
20provisions specific to the use of contracted providers, the
21requirements of subsection (d-5) are not applicable. When a
22person does not comply with plan provisions specific to the use
23of contracted providers, plan provisions specific to the use of
24non-contracted providers must be applied without distinction
25for coverage required by this Section and shall be at least as
26favorable as for other radiological examinations covered by the

 

 

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1policy or contract.
2    (d-15) If a municipality, including a home rule
3municipality, is a self-insurer for purposes of providing
4health insurance coverage for its employees, the insurance
5coverage shall include mastectomy coverage, which includes
6coverage for prosthetic devices or reconstructive surgery
7incident to the mastectomy. Coverage for breast reconstruction
8in connection with a mastectomy shall include:
9        (1) reconstruction of the breast upon which the
10    mastectomy has been performed;
11        (2) surgery and reconstruction of the other breast to
12    produce a symmetrical appearance; and
13        (3) prostheses and treatment for physical
14    complications at all stages of mastectomy, including
15    lymphedemas.
16Care shall be determined in consultation with the attending
17physician and the patient. The offered coverage for prosthetic
18devices and reconstructive surgery shall be subject to the
19deductible and coinsurance conditions applied to the
20mastectomy, and all other terms and conditions applicable to
21other benefits. When a mastectomy is performed and there is no
22evidence of malignancy then the offered coverage may be limited
23to the provision of prosthetic devices and reconstructive
24surgery to within 2 years after the date of the mastectomy. As
25used in this Section, "mastectomy" means the removal of all or
26part of the breast for medically necessary reasons, as

 

 

SB1701- 37 -LRB100 11150 AWJ 21442 b

1determined by a licensed physician.
2    A municipality, including a home rule municipality, that is
3a self-insurer for purposes of providing health insurance
4coverage for its employees, may not penalize or reduce or limit
5the reimbursement of an attending provider or provide
6incentives (monetary or otherwise) to an attending provider to
7induce the provider to provide care to an insured in a manner
8inconsistent with this Section.
9    (d-20) The requirement that mammograms be included in
10health insurance coverage as provided in subsections (d)
11through (d-15) is an exclusive power and function of the State
12and is a denial and limitation under Article VII, Section 6,
13subsection (h) of the Illinois Constitution of home rule
14municipality powers. A home rule municipality to which
15subsections (d) through (d-15) apply must comply with every
16provision of through subsections.
17    (e) Notwithstanding the Home Rule Administrative Procedure
18Act, rulemaking Rulemaking authority to implement Public Act
19095-1045 this amendatory Act of the 95th General Assembly, if
20any, is conditioned on the rules being adopted in accordance
21with all provisions of the Illinois Administrative Procedure
22Act and all rules and procedures of the Joint Committee on
23Administrative Rules; any purported rule not so adopted, for
24whatever reason, is unauthorized.
25(Source: P.A. 95-1045, eff. 3-27-09.)
 

 

 

SB1701- 38 -LRB100 11150 AWJ 21442 b

1    (65 ILCS 5/10-4-2.3)
2    Sec. 10-4-2.3. Required health benefits. If a
3municipality, including a home rule municipality, is a
4self-insurer for purposes of providing health insurance
5coverage for its employees, the coverage shall include coverage
6for the post-mastectomy care benefits required to be covered by
7a policy of accident and health insurance under Section 356t
8and the coverage required under Sections 356g, 356g.5,
9356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
10356z.11, 356z.12, 356z.13, 356z.14, 356z.15, and 356z.22 of the
11Illinois Insurance Code. The coverage shall comply with
12Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
13Insurance Code. The requirement that health benefits be covered
14as provided in this is an exclusive power and function of the
15State and is a denial and limitation under Article VII, Section
166, subsection (h) of the Illinois Constitution. A home rule
17municipality to which this Section applies must comply with
18every provision of this Section.
19    Notwithstanding the Home Rule Administrative Procedure
20Act, rulemaking Rulemaking authority to implement Public Act
2195-1045, if any, is conditioned on the rules being adopted in
22accordance with all provisions of the Illinois Administrative
23Procedure Act and all rules and procedures of the Joint
24Committee on Administrative Rules; any purported rule not so
25adopted, for whatever reason, is unauthorized.
26(Source: P.A. 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15;

 

 

SB1701- 39 -LRB100 11150 AWJ 21442 b

199-480, eff. 9-9-15.)
 
2    Section 810. The State Mandates Act is amended by adding
3Section 8.41 as follows:
 
4    (30 ILCS 805/8.41 new)
5    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
6of this Act, no reimbursement by the State is required for the
7implementation of any mandate created by this amendatory Act of
8the 100th General Assembly.
 
9    Section 999. Effective date. This Act takes effect January
101, 2018.