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LRB095 03911 NHT 23944 b |
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| AN ACT to revise the law by combining multiple enactments |
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| and making technical corrections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Nature of this Act. |
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| (a) This Act may be cited as the First 2007 General |
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| Revisory Act. |
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| (b) This Act is not intended to make any substantive change |
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| in the law. It reconciles conflicts that have arisen from |
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| multiple amendments and enactments and makes technical |
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| corrections and revisions in the law. |
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| This Act revises and, where appropriate, renumbers certain |
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| Sections that have been added or amended by more than one |
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| Public Act. In certain cases in which a repealed Act or Section |
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| has been replaced with a successor law, this Act may |
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| incorporate amendments to the repealed Act or Section into the |
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| successor law. This Act also corrects errors, revises |
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| cross-references, and deletes obsolete text. |
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| (c) In this Act, the reference at the end of each amended |
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| Section indicates the sources in the Session Laws of Illinois |
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| that were used in the preparation of the text of that Section. |
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| The text of the Section included in this Act is intended to |
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| include the different versions of the Section found in the |
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| Public Acts included in the list of sources, but may not |
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LRB095 03911 NHT 23944 b |
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| include other versions of the Section to be found in Public |
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| Acts not included in the list of sources. The list of sources |
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| is not a part of the text of the Section. |
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| (d) Public Acts 92-520 through 94-1068 were considered in |
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| the preparation of the combining revisories included in this |
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| Act. Many of these combining revisories contain no striking or |
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| underscoring because no additional changes are being made in |
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| the material that is being combined. |
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| Section 5. The Regulatory Sunset Act is amended by changing |
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| Sections 4.17, 4.22, 4.23, 4.24, 4.26, and 4.27 as follows:
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| (5 ILCS 80/4.17)
|
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| Sec. 4.17. Acts repealed on January 1, 2007. The following |
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| are repealed on
January 1, 2007:
|
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| Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, |
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| XVII,
XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois |
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| Insurance Code.
|
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| The Medical Practice Act of 1987.
|
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| The Environmental Health Practitioner Licensing Act.
|
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| (Source: P.A. 94-754, eff. 5-10-06; 94-787, eff. 5-19-06; |
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| 94-870, eff. 6-16-06; 94-956, eff. 6-27-06; revised 8-3-06.)
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| (5 ILCS 80/4.22)
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| Sec. 4.22. Acts Act repealed on January 1, 2012. The |
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| following
Acts are Act is repealed on January 1, 2012:
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SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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| The Detection of Deception Examiners Act.
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| The Home Inspector License Act.
|
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| The Interior Design Title Act.
|
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| The Massage Licensing Act.
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| The Petroleum Equipment Contractors Licensing Act.
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| The Professional Boxing Act.
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| The Real Estate Appraiser Licensing Act of 2002.
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| The Water Well and Pump Installation Contractor's License |
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| Act.
|
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| (Source: P.A. 92-104, eff. 7-20-01; 92-180, eff. 7-1-02; |
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| 92-239, eff. 8-3-01;
92-453, eff. 8-21-01; 92-499, eff. 1-1-02; |
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| 92-500, eff. 12-18-01; 92-618, eff.
7-11-02; 92-651, eff. |
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| 7-11-02; 92-860, eff. 6-1-03; revised 1-18-03.)
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| (5 ILCS 80/4.23)
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| Sec. 4.23. Acts and Sections
Act Section repealed on |
| 16 |
| January 1,
2013. The following Acts and Sections of Acts are
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| Act Section is
repealed on January 1, 2013:
|
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| The Dietetic and Nutrition Services Practice Act.
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| The Elevator Safety and Regulation Act.
|
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| The Funeral Directors and Embalmers Licensing Code.
|
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| The Naprapathic Practice Act.
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| The Professional Counselor and Clinical Professional |
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| Counselor
Licensing Act.
|
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| The Wholesale Drug Distribution Licensing Act.
|
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| Section 2.5 of the Illinois Plumbing License Law.
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LRB095 03911 NHT 23944 b |
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| (Source: P.A. 92-586, eff. 6-26-02; 92-641, eff. 7-11-02; |
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| 92-642, eff.
7-11-02; 92-655, eff. 7-16-02; 92-719, eff. |
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| 7-25-02; 92-778, eff. 8-6-02;
92-873, eff. 6-1-03; revised |
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| 1-18-03.)
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| (5 ILCS 80/4.24)
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| Sec. 4.24. Acts repealed on January 1, 2014. The following
|
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| Acts are repealed
on January 1, 2014:
|
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| The Electrologist Licensing Act.
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| The Illinois Certified Shorthand Reporters Act of 1984.
|
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| The Illinois Occupational Therapy Practice Act.
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| The Illinois Public Accounting Act.
|
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| The Private Detective, Private Alarm, Private Security, |
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| and Locksmith Act
of 2004.
|
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| The Registered Surgical Assistant and Registered Surgical |
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| Technologist
Title Protection Act.
|
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| The Veterinary Medicine and Surgery Practice Act of 2004.
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| (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03; |
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| 93-280, eff. 7-1-04;
93-281, eff. 12-31-03; 93-438, eff. |
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| 8-5-03; 93-460, eff. 8-8-03; 93-461, eff.
8-8-03; revised |
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| 10-29-04.)
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| (5 ILCS 80/4.26)
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| Sec. 4.26. Acts
Act repealed on January 1, 2016. The |
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| following Acts are
Act is repealed on January 1, 2016: |
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| The Illinois Athletic Trainers Practice Act.
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SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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| The Illinois Roofing Industry Licensing Act.
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| The Illinois Dental Practice Act.
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| The Collection Agency Act.
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| The Barber, Cosmetology, Esthetics, and Nail Technology |
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| Act of 1985.
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| The Respiratory Care Practice Act.
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| The Hearing Instrument Consumer Protection Act.
|
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| The Illinois Physical Therapy Act.
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| The Professional Geologist Licensing Act. |
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| (Source: P.A. 94-246, eff. 1-1-06; 94-254, eff. 7-19-05; |
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| 94-409, eff. 12-31-05; 94-414, eff. 12-31-05; 94-451, eff. |
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| 12-31-05; 94-523, eff. 1-1-06; 94-527, eff. 12-31-05; 94-651, |
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| eff. 1-1-06; 94-708, eff. 12-5-05; revised 12-8-05.) |
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| (5 ILCS 80/4.27) |
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| Sec. 4.27. Acts
Act repealed on January 1, 2017. The |
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| following Acts are
Act is repealed on January 1, 2017:
|
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| The Illinois Optometric Practice Act of 1987. |
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| The Clinical Psychologist Licensing Act. |
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| The Boiler and Pressure Vessel Repairer Regulation Act. |
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| (Source: P.A. 94-787, eff. 5-19-06; 94-870, eff. 6-16-06; |
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| 94-956, eff. 6-27-06; revised 8-3-06.)
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| (5 ILCS 80/4.13 rep.)
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| (5 ILCS 80/4.14 rep.)
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| (5 ILCS 80/4.16 rep.)
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SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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| (5 ILCS 80/4.19a rep.)
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| Section 7. The Regulatory Sunset Act is amended by |
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| repealing Sections 4.13, 4.14, 4.16, and 4.19a. |
| 4 |
| Section 10. The Illinois Administrative Procedure Act is |
| 5 |
| amended by changing Sections 1-5, 1-20, 5-45, and 10-65 as |
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| follows:
|
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| (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
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| Sec. 1-5. Applicability.
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| (a) This Act applies to every agency as defined in this |
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| Act.
Beginning January 1, 1978, in case of conflict between the |
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| provisions of
this Act and the Act creating or conferring power |
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| on an agency, this Act
shall control. If, however, an agency |
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| (or its predecessor in the case of
an agency that has been |
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| consolidated or reorganized) has existing procedures
on July 1, |
| 15 |
| 1977, specifically for contested cases or licensing, those |
| 16 |
| existing
provisions control, except that this exception |
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| respecting contested
cases and licensing does not apply if the |
| 18 |
| Act creating or conferring
power on the agency adopts by |
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| express reference the provisions of this
Act. Where the Act |
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| creating or conferring power on an agency
establishes |
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| administrative procedures not covered by this Act, those
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| procedures shall remain in effect.
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| (b) The provisions of this Act do not apply to (i) |
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| preliminary
hearings, investigations, or practices where no |
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SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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| final determinations
affecting State funding are made by the |
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| State Board of Education, (ii) legal
opinions issued under |
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| Section 2-3.7 of the School Code, (iii) as to State
colleges |
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| and universities, their disciplinary and grievance |
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| proceedings,
academic irregularity and capricious grading |
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| proceedings, and admission
standards and procedures, and (iv) |
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| the class specifications for positions
and individual position |
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| descriptions prepared and maintained under the
Personnel Code. |
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| Those class specifications shall, however, be made
reasonably |
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| available to the public for inspection and copying. The
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| provisions of this Act do not apply to hearings under Section |
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| 20 of the
Uniform Disposition of Unclaimed Property Act.
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| (c) Section 5-35 of this Act relating to procedures for |
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| rulemaking
does not apply to the following:
|
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| (1) Rules adopted by the Pollution Control Board that, |
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| in accordance
with Section 7.2 of the Environmental |
| 17 |
| Protection Act, are identical in
substance to federal |
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| regulations or amendments to those regulations
|
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| implementing the following: Sections 3001, 3002, 3003, |
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| 3004, 3005, and 9003
of the Solid Waste Disposal Act; |
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| Section 105 of the Comprehensive Environmental
Response, |
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| Compensation, and Liability Act of 1980; Sections 307(b), |
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| 307(c),
307(d), 402(b)(8), and 402(b)(9) of the Federal |
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| Water Pollution Control
Act; and Sections 1412(b), |
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| 1414(c), 1417(a), 1421, and 1445(a) of the Safe
Drinking |
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| Water Act.
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LRB095 03911 NHT 23944 b |
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| (2) Rules adopted by the Pollution Control Board that |
| 2 |
| establish or
amend standards for the emission of |
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| hydrocarbons and carbon monoxide from
gasoline powered |
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| motor vehicles subject to inspection under Section 13A-105
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| of the Vehicle Emissions Inspection Law and rules adopted |
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| under Section 13B-20
of the Vehicle Emissions Inspection |
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| Law of 1995.
|
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| (3) Procedural rules adopted by the Pollution Control |
| 9 |
| Board governing
requests for exceptions under Section 14.2 |
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| of the Environmental Protection Act.
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| (4) The Pollution Control Board's grant, pursuant to an
|
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| adjudicatory determination, of an adjusted standard for |
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| persons who can
justify an adjustment consistent with |
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| subsection (a) of Section 27 of
the Environmental |
| 15 |
| Protection Act.
|
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| (5) Rules adopted by the Pollution Control Board that |
| 17 |
| are identical in
substance to the regulations adopted by |
| 18 |
| the Office of the State Fire
Marshal under clause (ii) of |
| 19 |
| paragraph (b) of subsection (3) of Section 2
of the |
| 20 |
| Gasoline Storage Act.
|
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| (d) Pay rates established under Section 8a of the Personnel |
| 22 |
| Code
shall be amended or repealed pursuant to the process set |
| 23 |
| forth in Section
5-50 within 30 days after it becomes necessary |
| 24 |
| to do so due to a conflict
between the rates and the terms of a |
| 25 |
| collective bargaining agreement
covering the compensation of |
| 26 |
| an employee subject to that Code.
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LRB095 03911 NHT 23944 b |
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| (e) Section 10-45 of this Act shall not apply to any |
| 2 |
| hearing, proceeding,
or investigation conducted under Section |
| 3 |
| 13-515 of the Public Utilities Act.
|
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| (f) Article 10 of this Act does not apply to any hearing, |
| 5 |
| proceeding, or
investigation conducted by the State Council for |
| 6 |
| the State of Illinois created
under Section 3-3-11.05 of the |
| 7 |
| Unified Code of Corrections or by the Interstate
Commission
|
| 8 |
| Commision for Adult Offender Supervision created under the
|
| 9 |
| Interstate Compact for Adult Offender Supervision.
|
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| (Source: P.A. 92-571, eff. 6-26-02; revised 7-25-02.)
|
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| (5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
|
| 12 |
| Sec. 1-20. "Agency" means each officer, board, commission, |
| 13 |
| and agency
created by the Constitution, whether in the |
| 14 |
| executive, legislative, or
judicial branch of State |
| 15 |
| government, but other than the circuit court; each
officer, |
| 16 |
| department, board, commission, agency, institution, authority,
|
| 17 |
| university, and body politic and corporate of the State; each
|
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| administrative unit or corporate outgrowth of the State |
| 19 |
| government that is
created by or pursuant to statute, other |
| 20 |
| than units of local government and
their officers, school |
| 21 |
| districts, and boards of election commissioners; and
each |
| 22 |
| administrative unit or corporate outgrowth of the above and as |
| 23 |
| may be
created by executive order of the Governor. "Agency", |
| 24 |
| however, does not
include the following:
|
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| (1) The House of Representatives and Senate and their |
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SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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| respective
standing and service committees, including |
| 2 |
| without limitation the
Board of the Office of the Architect |
| 3 |
| of the Capitol and the Architect of the
Capitol established |
| 4 |
| under
the Legislative Commission Reorganization Act of |
| 5 |
| 1984.
|
| 6 |
| (2) The Governor.
|
| 7 |
| (3) The justices and judges of the Supreme and |
| 8 |
| Appellate Courts.
|
| 9 |
| (4) The Legislative Ethics Commission.
|
| 10 |
| (Source: P.A. 93-617, eff. 12-9-03; 93-632, eff. 2-1-04; |
| 11 |
| revised 1-9-04.)
|
| 12 |
| (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
|
| 13 |
| Sec. 5-45. Emergency rulemaking.
|
| 14 |
| (a) "Emergency" means the existence of any situation that |
| 15 |
| any agency
finds reasonably constitutes a threat to the public |
| 16 |
| interest, safety, or
welfare.
|
| 17 |
| (b) If any agency finds that an
emergency exists that |
| 18 |
| requires adoption of a rule upon fewer days than
is required by |
| 19 |
| Section 5-40 and states in writing its reasons for that
|
| 20 |
| finding, the agency may adopt an emergency rule without prior |
| 21 |
| notice or
hearing upon filing a notice of emergency rulemaking |
| 22 |
| with the Secretary of
State under Section 5-70. The notice |
| 23 |
| shall include the text of the
emergency rule and shall be |
| 24 |
| published in the Illinois Register. Consent
orders or other |
| 25 |
| court orders adopting settlements negotiated by an agency
may |
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SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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| 1 |
| be adopted under this Section. Subject to applicable |
| 2 |
| constitutional or
statutory provisions, an emergency rule |
| 3 |
| becomes effective immediately upon
filing under Section 5-65 or |
| 4 |
| at a stated date less than 10 days
thereafter. The agency's |
| 5 |
| finding and a statement of the specific reasons
for the finding |
| 6 |
| shall be filed with the rule. The agency shall take
reasonable |
| 7 |
| and appropriate measures to make emergency rules known to the
|
| 8 |
| persons who may be affected by them.
|
| 9 |
| (c) An emergency rule may be effective for a period of not |
| 10 |
| longer than
150 days, but the agency's authority to adopt an |
| 11 |
| identical rule under Section
5-40 is not precluded. No |
| 12 |
| emergency rule may be adopted more
than once in any 24 month |
| 13 |
| period, except that this limitation on the number
of emergency |
| 14 |
| rules that may be adopted in a 24 month period does not apply
|
| 15 |
| to (i) emergency rules that make additions to and deletions |
| 16 |
| from the Drug
Manual under Section 5-5.16 of the Illinois |
| 17 |
| Public Aid Code or the
generic drug formulary under Section |
| 18 |
| 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) |
| 19 |
| emergency rules adopted by the Pollution Control
Board before |
| 20 |
| July 1, 1997 to implement portions of the Livestock Management
|
| 21 |
| Facilities Act, or (iii) emergency rules adopted by the |
| 22 |
| Illinois Department of Public Health under subsections (a) |
| 23 |
| through (i) of Section 2 of the Department of Public Health Act |
| 24 |
| when necessary to protect the public's health. Two or more |
| 25 |
| emergency rules having substantially the same
purpose and |
| 26 |
| effect shall be deemed to be a single rule for purposes of this
|
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LRB095 03911 NHT 23944 b |
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| 1 |
| Section.
|
| 2 |
| (d) In order to provide for the expeditious and timely |
| 3 |
| implementation
of the State's fiscal year 1999 budget, |
| 4 |
| emergency rules to implement any
provision of Public Act 90-587 |
| 5 |
| or 90-588
or any other budget initiative for fiscal year 1999 |
| 6 |
| may be adopted in
accordance with this Section by the agency |
| 7 |
| charged with administering that
provision or initiative, |
| 8 |
| except that the 24-month limitation on the adoption
of |
| 9 |
| emergency rules and the provisions of Sections 5-115 and 5-125 |
| 10 |
| do not apply
to rules adopted under this subsection (d). The |
| 11 |
| adoption of emergency rules
authorized by this subsection (d) |
| 12 |
| shall be deemed to be necessary for the
public interest, |
| 13 |
| safety, and welfare.
|
| 14 |
| (e) In order to provide for the expeditious and timely |
| 15 |
| implementation
of the State's fiscal year 2000 budget, |
| 16 |
| emergency rules to implement any
provision of this amendatory |
| 17 |
| Act of the 91st General Assembly
or any other budget initiative |
| 18 |
| for fiscal year 2000 may be adopted in
accordance with this |
| 19 |
| Section by the agency charged with administering that
provision |
| 20 |
| or initiative, except that the 24-month limitation on the |
| 21 |
| adoption
of emergency rules and the provisions of Sections |
| 22 |
| 5-115 and 5-125 do not apply
to rules adopted under this |
| 23 |
| subsection (e). The adoption of emergency rules
authorized by |
| 24 |
| this subsection (e) shall be deemed to be necessary for the
|
| 25 |
| public interest, safety, and welfare.
|
| 26 |
| (f) In order to provide for the expeditious and timely |
|
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|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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|
| 1 |
| implementation
of the State's fiscal year 2001 budget, |
| 2 |
| emergency rules to implement any
provision of this amendatory |
| 3 |
| Act of the 91st General Assembly
or any other budget initiative |
| 4 |
| for fiscal year 2001 may be adopted in
accordance with this |
| 5 |
| Section by the agency charged with administering that
provision |
| 6 |
| or initiative, except that the 24-month limitation on the |
| 7 |
| adoption
of emergency rules and the provisions of Sections |
| 8 |
| 5-115 and 5-125 do not apply
to rules adopted under this |
| 9 |
| subsection (f). The adoption of emergency rules
authorized by |
| 10 |
| this subsection (f) shall be deemed to be necessary for the
|
| 11 |
| public interest, safety, and welfare.
|
| 12 |
| (g) In order to provide for the expeditious and timely |
| 13 |
| implementation
of the State's fiscal year 2002 budget, |
| 14 |
| emergency rules to implement any
provision of this amendatory |
| 15 |
| Act of the 92nd General Assembly
or any other budget initiative |
| 16 |
| for fiscal year 2002 may be adopted in
accordance with this |
| 17 |
| Section by the agency charged with administering that
provision |
| 18 |
| or initiative, except that the 24-month limitation on the |
| 19 |
| adoption
of emergency rules and the provisions of Sections |
| 20 |
| 5-115 and 5-125 do not apply
to rules adopted under this |
| 21 |
| subsection (g). The adoption of emergency rules
authorized by |
| 22 |
| this subsection (g) shall be deemed to be necessary for the
|
| 23 |
| public interest, safety, and welfare.
|
| 24 |
| (h) In order to provide for the expeditious and timely |
| 25 |
| implementation
of the State's fiscal year 2003 budget, |
| 26 |
| emergency rules to implement any
provision of this amendatory |
|
|
|
SB0223 Enrolled |
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LRB095 03911 NHT 23944 b |
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|
| 1 |
| Act of the 92nd General Assembly
or any other budget initiative |
| 2 |
| for fiscal year 2003 may be adopted in
accordance with this |
| 3 |
| Section by the agency charged with administering that
provision |
| 4 |
| or initiative, except that the 24-month limitation on the |
| 5 |
| adoption
of emergency rules and the provisions of Sections |
| 6 |
| 5-115 and 5-125 do not apply
to rules adopted under this |
| 7 |
| subsection (h). The adoption of emergency rules
authorized by |
| 8 |
| this subsection (h) shall be deemed to be necessary for the
|
| 9 |
| public interest, safety, and welfare.
|
| 10 |
| (i) In order to provide for the expeditious and timely |
| 11 |
| implementation
of the State's fiscal year 2004 budget, |
| 12 |
| emergency rules to implement any
provision of this amendatory |
| 13 |
| Act of the 93rd General Assembly
or any other budget initiative |
| 14 |
| for fiscal year 2004 may be adopted in
accordance with this |
| 15 |
| Section by the agency charged with administering that
provision |
| 16 |
| or initiative, except that the 24-month limitation on the |
| 17 |
| adoption
of emergency rules and the provisions of Sections |
| 18 |
| 5-115 and 5-125 do not apply
to rules adopted under this |
| 19 |
| subsection (i). The adoption of emergency rules
authorized by |
| 20 |
| this subsection (i) shall be deemed to be necessary for the
|
| 21 |
| public interest, safety, and welfare.
|
| 22 |
| (j) In order to provide for the expeditious and timely |
| 23 |
| implementation of the provisions of the State's fiscal year |
| 24 |
| 2005 budget as provided under the Fiscal Year 2005 Budget |
| 25 |
| Implementation (Human Services) Act, emergency rules to |
| 26 |
| implement any provision of the Fiscal Year 2005 Budget |
|
|
|
SB0223 Enrolled |
- 15 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Implementation (Human Services) Act may be adopted in |
| 2 |
| accordance with this Section by the agency charged with |
| 3 |
| administering that provision, except that the 24-month |
| 4 |
| limitation on the adoption of emergency rules and the |
| 5 |
| provisions of Sections 5-115 and 5-125 do not apply to rules |
| 6 |
| adopted under this subsection (j). The Department of Public Aid |
| 7 |
| may also adopt rules under this subsection (j) necessary to |
| 8 |
| administer the Illinois Public Aid Code and the Children's |
| 9 |
| Health Insurance Program Act. The adoption of emergency rules |
| 10 |
| authorized by this subsection (j) shall be deemed to be |
| 11 |
| necessary for the public interest, safety, and welfare.
|
| 12 |
| (k) In order to provide for the expeditious and timely |
| 13 |
| implementation of the provisions of the State's fiscal year |
| 14 |
| 2006 budget, emergency rules to implement any provision of this |
| 15 |
| amendatory Act of the 94th General Assembly or any other budget |
| 16 |
| initiative for fiscal year 2006 may be adopted in accordance |
| 17 |
| with this Section by the agency charged with administering that |
| 18 |
| provision or initiative, except that the 24-month limitation on |
| 19 |
| the adoption of emergency rules and the provisions of Sections |
| 20 |
| 5-115 and 5-125 do not apply to rules adopted under this |
| 21 |
| subsection (k). The Department of Healthcare and Family |
| 22 |
| Services may also adopt rules under this subsection (k) |
| 23 |
| necessary to administer the Illinois Public Aid Code, the |
| 24 |
| Senior Citizens and Disabled Persons Property Tax Relief and |
| 25 |
| Pharmaceutical Assistance Act, the Senior Citizens and |
| 26 |
| Disabled Persons Prescription Drug Discount Program Act (now |
|
|
|
SB0223 Enrolled |
- 16 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| the Illinois Prescription Drug Discount Program Act), and the |
| 2 |
| Children's Health Insurance Program Act. The adoption of |
| 3 |
| emergency rules authorized by this subsection (k) shall be |
| 4 |
| deemed to be necessary for the public interest, safety, and |
| 5 |
| welfare.
|
| 6 |
| (l) In order to provide for the expeditious and timely |
| 7 |
| implementation of the provisions of the
State's fiscal year |
| 8 |
| 2007 budget, the Department of Healthcare and Family Services |
| 9 |
| may adopt emergency rules during fiscal year 2007, including |
| 10 |
| rules effective July 1, 2007, in
accordance with this |
| 11 |
| subsection to the extent necessary to administer the |
| 12 |
| Department's responsibilities with respect to amendments to |
| 13 |
| the State plans and Illinois waivers approved by the federal |
| 14 |
| Centers for Medicare and Medicaid Services necessitated by the |
| 15 |
| requirements of Title XIX and Title XXI of the federal Social |
| 16 |
| Security Act. The adoption of emergency rules
authorized by |
| 17 |
| this subsection (l) shall be deemed to be necessary for the |
| 18 |
| public interest,
safety, and welfare.
|
| 19 |
| (Source: P.A. 93-20, eff. 6-20-03; 93-829, eff. 7-28-04; |
| 20 |
| 93-841, eff. 7-30-04; 94-48, eff. 7-1-05; 94-838, eff. 6-6-06; |
| 21 |
| revised 10-19-06.)
|
| 22 |
| (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
|
| 23 |
| Sec. 10-65. Licenses.
|
| 24 |
| (a) When any licensing is required by law to be preceded by |
| 25 |
| notice and
an opportunity for a hearing, the provisions of this |
|
|
|
SB0223 Enrolled |
- 17 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Act concerning
contested cases shall apply.
|
| 2 |
| (b) When a licensee has made timely and sufficient |
| 3 |
| application for
the renewal of a license or a new license with |
| 4 |
| reference to any activity
of a continuing nature, the existing |
| 5 |
| license shall continue in full
force and effect until the final |
| 6 |
| agency decision on the application has
been made unless a later |
| 7 |
| date is fixed by order of a reviewing court.
|
| 8 |
| (c) Except as provided in Section 1-27 of the Department of |
| 9 |
| Natural
Resources Act, an application for the renewal of a |
| 10 |
| license or a new license
shall include the applicant's social |
| 11 |
| security number. Each agency shall require
the licensee to |
| 12 |
| certify on the
application form, under penalty of perjury, that |
| 13 |
| he or she is not more than
30 days delinquent in complying with |
| 14 |
| a child support order. Every
application shall state that |
| 15 |
| failure to so certify shall result in
disciplinary action, and |
| 16 |
| that making a false statement may subject
the licensee
to |
| 17 |
| contempt of court. The agency shall notify each applicant or |
| 18 |
| licensee
who
acknowledges a delinquency or who, contrary to his |
| 19 |
| or her certification, is
found to be delinquent or who after |
| 20 |
| receiving notice, fails to comply with a
subpoena or warrant |
| 21 |
| relating to a paternity or a child support proceeding,
that the |
| 22 |
| agency intends to take disciplinary
action. Accordingly, the |
| 23 |
| agency shall provide written notice of the facts
or conduct |
| 24 |
| upon which the agency will rely to support its proposed action
|
| 25 |
| and the applicant or licensee shall be given an opportunity for |
| 26 |
| a hearing
in accordance
with the provisions of the Act |
|
|
|
SB0223 Enrolled |
- 18 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| concerning contested cases. Any delinquency
in complying with a |
| 2 |
| child support order can be remedied by arranging for
payment of |
| 3 |
| past due and current support. Any failure to comply with a
|
| 4 |
| subpoena or warrant relating to a paternity or child support |
| 5 |
| proceeding can be
remedied by complying with the subpoena or |
| 6 |
| warrant. Upon a final finding of
delinquency or failure to |
| 7 |
| comply with a subpoena or warrant, the agency
shall suspend, |
| 8 |
| revoke, or refuse to issue or renew the license.
In cases in |
| 9 |
| which the Department of Healthcare and Family Services |
| 10 |
| (formerly Department of Public Aid) has previously determined |
| 11 |
| that
an applicant or a
licensee is more than 30 days delinquent |
| 12 |
| in the
payment
of child support and has subsequently certified |
| 13 |
| the delinquency to the
licensing agency,
and in cases in which |
| 14 |
| a court has previously determined that an applicant or
licensee |
| 15 |
| has
been in violation of the Non-Support Punishment Act
for |
| 16 |
| more than 60 days,
the licensing agency shall refuse to issue |
| 17 |
| or
renew or shall
revoke or suspend that person's license based |
| 18 |
| solely upon the certification of
delinquency made
by
the |
| 19 |
| Department of Healthcare and Family Services (formerly
|
| 20 |
| Department of Public Aid) or the certification of violation |
| 21 |
| made by the
court. Further process, hearings, or
|
| 22 |
| redetermination of the delinquency or violation by the
|
| 23 |
| licensing agency shall not be required. The licensing agency |
| 24 |
| may issue or
renew a license if the licensee has arranged for |
| 25 |
| payment of
past and current child support obligations in a |
| 26 |
| manner satisfactory to
the
Department of Healthcare and Family |
|
|
|
SB0223 Enrolled |
- 19 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| Services (formerly Department of Public Aid) or the court. The |
| 2 |
| licensing agency may impose
conditions,
restrictions, or |
| 3 |
| disciplinary action upon that license.
|
| 4 |
| (d) Except as provided in subsection (c), no agency shall |
| 5 |
| revoke,
suspend, annul, withdraw, amend
materially, or refuse |
| 6 |
| to renew any valid license without first giving
written notice |
| 7 |
| to the licensee of the facts or conduct upon which the
agency |
| 8 |
| will rely to support its proposed action and an opportunity for
|
| 9 |
| a hearing in accordance with the provisions of this Act |
| 10 |
| concerning
contested cases. At the hearing, the licensee shall |
| 11 |
| have the right
to show compliance with all lawful requirements |
| 12 |
| for the retention,
continuation, or renewal of the license. If, |
| 13 |
| however, the agency finds
that the public interest, safety, or |
| 14 |
| welfare imperatively requires
emergency action, and if the |
| 15 |
| agency incorporates a finding to that
effect in its order, |
| 16 |
| summary suspension of a license may be ordered
pending |
| 17 |
| proceedings for revocation or other action. Those proceedings
|
| 18 |
| shall be promptly instituted and determined.
|
| 19 |
| (e) Any application for renewal of a license that contains
|
| 20 |
| required and relevant information, data, material, or |
| 21 |
| circumstances that
were not contained in an application for the |
| 22 |
| existing license shall be
subject to the provisions of |
| 23 |
| subsection (a).
|
| 24 |
| (Source: P.A. 94-40, eff. 1-1-06; revised 12-15-05.)
|
| 25 |
| Section 15. The Freedom of Information Act is amended by |
|
|
|
SB0223 Enrolled |
- 20 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| changing Sections 7 and 7.1 as follows: |
| 2 |
| (5 ILCS 140/7) (from Ch. 116, par. 207)
|
| 3 |
| Sec. 7. Exemptions.
|
| 4 |
| (1) The following shall be exempt from inspection and |
| 5 |
| copying:
|
| 6 |
| (a) Information specifically prohibited from |
| 7 |
| disclosure by federal or
State law or rules and regulations |
| 8 |
| adopted under federal or State law.
|
| 9 |
| (b) Information that, if disclosed, would constitute a |
| 10 |
| clearly
unwarranted invasion of personal privacy, unless |
| 11 |
| the disclosure is
consented to in writing by the individual |
| 12 |
| subjects of the information. The
disclosure of information |
| 13 |
| that bears on the public duties of public
employees and |
| 14 |
| officials shall not be considered an invasion of personal
|
| 15 |
| privacy. Information exempted under this subsection (b) |
| 16 |
| shall include but
is not limited to:
|
| 17 |
| (i) files and personal information maintained with |
| 18 |
| respect to
clients, patients, residents, students or |
| 19 |
| other individuals receiving
social, medical, |
| 20 |
| educational, vocational, financial, supervisory or
|
| 21 |
| custodial care or services directly or indirectly from |
| 22 |
| federal agencies
or public bodies;
|
| 23 |
| (ii) personnel files and personal information |
| 24 |
| maintained with
respect to employees, appointees or |
| 25 |
| elected officials of any public body or
applicants for |
|
|
|
SB0223 Enrolled |
- 21 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| those positions;
|
| 2 |
| (iii) files and personal information maintained |
| 3 |
| with respect to any
applicant, registrant or licensee |
| 4 |
| by any public body cooperating with or
engaged in |
| 5 |
| professional or occupational registration, licensure |
| 6 |
| or discipline;
|
| 7 |
| (iv) information required of any taxpayer in |
| 8 |
| connection with the
assessment or collection of any tax |
| 9 |
| unless disclosure is otherwise required
by State |
| 10 |
| statute;
|
| 11 |
| (v) information revealing the identity of persons |
| 12 |
| who file complaints
with or provide information to |
| 13 |
| administrative, investigative, law enforcement
or |
| 14 |
| penal agencies; provided, however, that identification |
| 15 |
| of witnesses to
traffic accidents, traffic accident |
| 16 |
| reports, and rescue reports may be provided
by agencies |
| 17 |
| of local government, except in a case for which a |
| 18 |
| criminal
investigation is ongoing, without |
| 19 |
| constituting a clearly unwarranted per se
invasion of |
| 20 |
| personal privacy under this subsection; and
|
| 21 |
| (vi) the names, addresses, or other personal |
| 22 |
| information of
participants and registrants in park |
| 23 |
| district, forest preserve district, and
conservation |
| 24 |
| district programs.
|
| 25 |
| (c) Records compiled by any public body for |
| 26 |
| administrative enforcement
proceedings and any law |
|
|
|
SB0223 Enrolled |
- 22 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| enforcement or correctional agency for
law enforcement |
| 2 |
| purposes or for internal matters of a public body,
but only |
| 3 |
| to the extent that disclosure would:
|
| 4 |
| (i) interfere with pending or actually and |
| 5 |
| reasonably contemplated
law enforcement proceedings |
| 6 |
| conducted by any law enforcement or correctional
|
| 7 |
| agency;
|
| 8 |
| (ii) interfere with pending administrative |
| 9 |
| enforcement proceedings
conducted by any public body;
|
| 10 |
| (iii) deprive a person of a fair trial or an |
| 11 |
| impartial hearing;
|
| 12 |
| (iv) unavoidably disclose the identity of a |
| 13 |
| confidential source or
confidential information |
| 14 |
| furnished only by the confidential source;
|
| 15 |
| (v) disclose unique or specialized investigative |
| 16 |
| techniques other than
those generally used and known or |
| 17 |
| disclose internal documents of
correctional agencies |
| 18 |
| related to detection, observation or investigation of
|
| 19 |
| incidents of crime or misconduct;
|
| 20 |
| (vi) constitute an invasion of personal privacy |
| 21 |
| under subsection (b) of
this Section;
|
| 22 |
| (vii) endanger the life or physical safety of law |
| 23 |
| enforcement personnel
or any other person; or
|
| 24 |
| (viii) obstruct an ongoing criminal investigation.
|
| 25 |
| (d) Criminal history record information maintained by |
| 26 |
| State or local
criminal justice agencies, except the |
|
|
|
SB0223 Enrolled |
- 23 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| following which shall be open for
public inspection and |
| 2 |
| copying:
|
| 3 |
| (i) chronologically maintained arrest information, |
| 4 |
| such as traditional
arrest logs or blotters;
|
| 5 |
| (ii) the name of a person in the custody of a law |
| 6 |
| enforcement agency and
the charges for which that |
| 7 |
| person is being held;
|
| 8 |
| (iii) court records that are public;
|
| 9 |
| (iv) records that are otherwise available under |
| 10 |
| State or local law; or
|
| 11 |
| (v) records in which the requesting party is the |
| 12 |
| individual
identified, except as provided under part |
| 13 |
| (vii) of
paragraph (c) of subsection (1) of this |
| 14 |
| Section.
|
| 15 |
| "Criminal history record information" means data |
| 16 |
| identifiable to an
individual and consisting of |
| 17 |
| descriptions or notations of arrests,
detentions, |
| 18 |
| indictments, informations, pre-trial proceedings, trials, |
| 19 |
| or
other formal events in the criminal justice system or |
| 20 |
| descriptions or
notations of criminal charges (including |
| 21 |
| criminal violations of local
municipal ordinances) and the |
| 22 |
| nature of any disposition arising therefrom,
including |
| 23 |
| sentencing, court or correctional supervision, |
| 24 |
| rehabilitation and
release. The term does not apply to |
| 25 |
| statistical records and reports in
which individuals are |
| 26 |
| not identified and from which
their identities are not |
|
|
|
SB0223 Enrolled |
- 24 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| ascertainable, or to information that is for
criminal |
| 2 |
| investigative or intelligence purposes.
|
| 3 |
| (e) Records that relate to or affect the security of |
| 4 |
| correctional
institutions and detention facilities.
|
| 5 |
| (f) Preliminary drafts, notes, recommendations, |
| 6 |
| memoranda and other
records in which opinions are |
| 7 |
| expressed, or policies or actions are
formulated, except |
| 8 |
| that a specific record or relevant portion of a
record |
| 9 |
| shall not be exempt when the record is publicly cited
and |
| 10 |
| identified by the head of the public body. The exemption |
| 11 |
| provided in
this paragraph (f) extends to all those records |
| 12 |
| of officers and agencies
of the General Assembly that |
| 13 |
| pertain to the preparation of legislative
documents.
|
| 14 |
| (g) Trade secrets and commercial or financial |
| 15 |
| information obtained from
a person or business where the |
| 16 |
| trade secrets or information are
proprietary, privileged |
| 17 |
| or confidential, or where disclosure of the trade
secrets |
| 18 |
| or information may cause competitive harm, including: |
| 19 |
| (i) All
information determined to be confidential |
| 20 |
| under Section 4002 of the
Technology Advancement and |
| 21 |
| Development Act. |
| 22 |
| (ii) All trade secrets and commercial or financial |
| 23 |
| information obtained by a public body, including a |
| 24 |
| public pension fund, from a private equity fund or a |
| 25 |
| privately held company within the investment portfolio |
| 26 |
| of a private equity fund as a result of either |
|
|
|
SB0223 Enrolled |
- 25 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| investing or evaluating a potential investment of |
| 2 |
| public funds in a private equity fund. The exemption |
| 3 |
| contained in this item does not apply to the aggregate |
| 4 |
| financial performance information of a private equity |
| 5 |
| fund, nor to the identity of the fund's managers or |
| 6 |
| general partners. The exemption contained in this item |
| 7 |
| does not apply to the identity of a privately held |
| 8 |
| company within the investment portfolio of a private |
| 9 |
| equity fund, unless the disclosure of the identity of a |
| 10 |
| privately held company may cause competitive harm.
|
| 11 |
| Nothing contained in this
paragraph (g) shall be construed |
| 12 |
| to prevent a person or business from
consenting to disclosure.
|
| 13 |
| (h) Proposals and bids for any contract, grant, or |
| 14 |
| agreement, including
information which if it were |
| 15 |
| disclosed would frustrate procurement or give
an advantage |
| 16 |
| to any person proposing to enter into a contractor |
| 17 |
| agreement
with the body, until an award or final selection |
| 18 |
| is made. Information
prepared by or for the body in |
| 19 |
| preparation of a bid solicitation shall be
exempt until an |
| 20 |
| award or final selection is made.
|
| 21 |
| (i) Valuable formulae,
computer geographic systems,
|
| 22 |
| designs, drawings and research data obtained or
produced by |
| 23 |
| any public body when disclosure could reasonably be |
| 24 |
| expected to
produce private gain or public loss.
The |
| 25 |
| exemption for "computer geographic systems" provided in |
| 26 |
| this paragraph
(i) does not extend to requests made by news |
|
|
|
SB0223 Enrolled |
- 26 - |
LRB095 03911 NHT 23944 b |
|
|
| 1 |
| media as defined in Section 2 of
this Act when the |
| 2 |
| requested information is not otherwise exempt and the only
|
| 3 |
| purpose of the request is to access and disseminate |
| 4 |
| information regarding the
health, safety, welfare, or |
| 5 |
| legal rights of the general public.
|
| 6 |
| (j) Test questions, scoring keys and other examination |
| 7 |
| data used to
administer an academic examination or |
| 8 |
| determined the qualifications of an
applicant for a license |
| 9 |
| or employment.
|
| 10 |
| (k) Architects' plans, engineers' technical |
| 11 |
| submissions, and
other
construction related technical |
| 12 |
| & |