(5 ILCS 100/5-80)
(from Ch. 127, par. 1005-80)
Publication of rules.
(a) The Secretary of State shall, by rule, prescribe a uniform
system for the codification of rules. The Secretary of State shall also,
by rule, establish a schedule for compliance with the uniform codification
system. The Secretary of State shall not adopt any codification system or
schedule under this subsection without the approval of the Joint Committee
on Administrative Rules. Approval by the Joint Committee shall be
conditioned solely upon establishing that the proposed codification system
and schedule are compatible with existing electronic data processing
equipment and programs maintained by and for the General Assembly. Nothing
in this Section shall prohibit an agency from adopting rules in compliance
with the codification system earlier than specified in the schedule.
(b) Each rule proposed in compliance with the codification system shall
be reviewed by the Secretary of State before the expiration of the public
notice period under subsection (b) of Section 5-40. The Secretary of State
shall cooperate with agencies in the Secretary of State's review to insure
that the purposes of the codification system are accomplished. The
Secretary of State shall have the authority to make changes in the
numbering and location of the rule in the codification scheme if those
changes do not affect the meaning of the rules. The Secretary of State may
recommend changes in the sectioning and headings proposed by the agency and
suggest grammatical and technical changes to correct errors. The Secretary
of State may add notes concerning the statutory authority, dates proposed
and adopted, and other similar notes to the text of the rules, if the notes
are not supplied by the agency. This review by the Secretary of State
shall be for the purpose of insuring the uniformity of and compliance with
the codification system. The Secretary of State shall prepare indexes by
agency, subject matter, and statutory authority and any other necessary
indexes, tables, and other aids for locating rules to assist the public in
the use of the Code.
(c) The Secretary of State shall make available to the agency and the Joint
Committee on Administrative Rules copies of the changes in the numbering
and location of the rule in the codification scheme, the recommended changes
in the sectioning and headings, and the suggestions made concerning the
correction of grammatical and technical errors or other suggested changes.
The agency, in the notice required by subsection (c) of Section 5-40, shall
provide to the Joint Committee a response to the recommendations of the
Secretary of State including any reasons for not adopting the recommendations.
(d) If a reorganization of agencies, transfer of functions between
agencies, or abolishment of agencies by executive order or law affects
rules on file with the Secretary of State, the Secretary of State shall
notify the Governor, the Attorney General, and the agencies involved of the
effects upon the rules on file. If the Governor or the agencies involved
do not respond to the Secretary of State's notice within 45 days by
instructing the Secretary of State to delete or transfer the rules, the
Secretary of State may delete or place the rules under the appropriate
agency for the purpose of insuring the consistency of the codification
scheme and shall notify the Governor, the Attorney General,
and the agencies involved.
(f) The Secretary of State shall ensure that the Illinois
Administrative Code is published and made available to the public in a form
that is updated at least annually. The Code shall contain the complete
text of all rules of all State agencies filed with the Secretary's
office and effective on October 1, 1984, or later and the indexes, tables, and
other aids for locating rules prepared by the Secretary of State. The Secretary
of State shall design the Illinois Register to supplement the Code. The
Secretary of State shall ensure that copies of the Illinois
Register are available to the public and governmental entities and
If the Secretary of State determines that the Secretary's office will
publish and distribute either the Register or the Code, the Secretary shall
make copies available to the public at a reasonable fee, established by the
Secretary by rule, and shall make copies available to governmental entities and
agencies at a price covering publication and mailing costs only.
The Secretary of State shall make the electronically stored database of the
Illinois Register and the Code available in accordance with this Section and
Section 5.08 of the Legislative Information System Act.
(g) The publication of a rule in the Code or in the Illinois Register
as an adopted rule shall establish a rebuttable presumption that the rule
was duly filed and that the text of the rule as published in the Code is
the text of the rule as adopted. Publication of the text of a rule in any
other location whether by the agency or some other person shall not be taken
as establishing such a presumption. Judicial or official notice
shall be taken of the text of each rule published in the Code or Register.
(h) The codification system, the indexes, tables, and other aids for
locating rules prepared by the Secretary of State, notes, and other materials
developed under this Section in connection with the publication of the Illinois
Administrative Code and the Illinois Register shall be the official
compilations of the administrative rules of Illinois and shall be entirely in
the public domain for purposes of federal copyright law.
(i) The Legislative Information System shall maintain on its electronic
data processing equipment the complete text of the Illinois Register and
Illinois Administrative Code created in compliance with this Act. This
electronic information shall be made available for use in the publication of
the Illinois Register and Illinois Administrative Code by the Secretary of
State if the Secretary determines that his office will publish these materials
as authorized by subsection (f).
(j) The Legislative Information System, upon consultation with the Joint
Committee on Administrative Rules and the Secretary of State, shall make the
electronically stored database of the Illinois Register and the Illinois
Administrative Code available in an electronically stored medium to those who
request it. The Legislative Information System shall establish and charge a
reasonable fee for providing the electronic information. Amounts received
under this Section shall be deposited into the General Assembly Computer
Equipment Revolving Fund.
(Source: P.A. 91-357, eff. 7-29-99.)