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90_HB1492enr 5 ILCS 100/5-15 from Ch. 127, par. 1005-15 5 ILCS 100/5-75 from Ch. 127, par. 1005-75 Amends the Illinois Administrative Procedure Act. Provides that requests for copies of agency rules and materials incorporated by reference in those rules shall not be deemed Freedom of Information Act requests unless so labeled by the requestor. Effective immediately. LRB9003931PTcw HB1492 Enrolled LRB9003931PTcw 1 AN ACT concerning administrative procedure. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Administrative Procedure Act is 5 amended by changing Sections 5-15 and 5-75 as follows: 6 (5 ILCS 100/5-15) (from Ch. 127, par. 1005-15) 7 Sec. 5-15. Required rules. 8 (a) Each agency shall maintain as rules the following: 9 (1) A current description of the agency's 10 organization with necessary charts depicting that 11 organization. 12 (2) The current procedures by which the public can 13 obtain information or make submissions or requests on 14 subjects, programs, and activities of the agency. 15 Requests for copies of agency rules shall not be deemed 16 Freedom of Information Act requests unless so labeled by 17 the requestor. 18 (3) Tables of contents, indices, reference tables, 19 and other materials to aid users in finding and using the 20 agency's collection of rules currently in force. 21 (4) A current description of the agency's 22 rulemaking procedures with necessary flow charts 23 depicting those procedures. 24 (5) Any rules adopted under this Section in 25 accordance with Sections 5-75 and 10-20 of this Act. 26 (b) The rules required to be filed by this Section may 27 be adopted, amended, or repealed and filed as provided in 28 this Section instead of any other provisions or requirements 29 of this Act. 30 The rules required by this Section may be adopted, 31 amended, or repealed by filing a certified copy with the HB1492 Enrolled -2- LRB9003931PTcw 1 Secretary of State under subsections (a) and (b) of Section 2 5-65 and may become effective immediately. 3 (Source: P.A. 87-823.) 4 (5 ILCS 100/5-75) (from Ch. 127, par. 1005-75) 5 Sec. 5-75. Incorporation by reference. 6 (a) An agency may incorporate by reference, in its rules 7 adopted under Section 5-35, rules, regulations, standards, 8 and guidelines of an agency of the United States or a 9 nationally or state recognized organization or association 10 without publishing the incorporated material in full. The 11 reference in the agency rules must fully identify the 12 incorporated matter by publisher address and date in order to 13 specify how a copy of the material may be obtained and must 14 state that the rule, regulation, standard, or guideline does 15 not include any later amendments or editions. An agency may 16 incorporate by reference these matters in its rules only if 17 the agency, organization, or association originally issuing 18 the matter makes copies readily available to the public. 19 This Section does not apply to any agency internal manual. 20 For any law imposing taxes on or measured by income, the 21 Department of Revenue may promulgate rules that include 22 incorporations by reference of federal rules or regulations 23 without identifying the incorporated matter by date and 24 without including a statement that the incorporation does not 25 include later amendments. 26 (b) Use of the incorporation by reference procedure 27 under this Section shall be reviewed by the Joint Committee 28 on Administrative Rules during the rulemaking process as set 29 forth in this Act. 30 (c) The agency adopting a rule, regulation, standard, or 31 guideline under this Section shall maintain a copy of the 32 referenced rule, regulation, standard, or guideline in at 33 least one of its principal offices and shall make it HB1492 Enrolled -3- LRB9003931PTcw 1 available to the public upon request for inspection and 2 copying at no more than cost. Requests for copies of 3 materials incorporated by reference shall not be deemed 4 Freedom of Information Act requests unless so labeled by the 5 requestor. The agency shall designate by rule the agency 6 location at which incorporated materials are maintained and 7 made available to the public for inspection and copying. 8 These rules may be adopted under the procedures in Section 9 5-15. In addition, the agency may include the designation of 10 the agency location of incorporated materials in a rulemaking 11 under Section 5-35, but emergency and peremptory rulemaking 12 procedures may not be used solely for this purpose. 13 (Source: P.A. 86-599; 87-823.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.
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