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91_SB1031eng SB1031 Engrossed SRS91S0031JDch 1 AN ACT to amend the Illinois Administrative Procedure 2 Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Administrative Procedure Act is 6 amended by changing Sections 5-110, 5-115, 5-120, and 5-125 7 as follows: 8 (5 ILCS 100/5-110) (from Ch. 127, par. 1005-110) 9 Sec. 5-110. Responsibilities of the Joint Committee with 10 respect to proposed rules, amendments, or repealers. 11 (a) The Joint Committee shall examine any proposed rule, 12 amendment to a rule, and repeal of a rule to determine 13 whether the proposed rule, amendment to a rule, or repeal of 14 a rule is within the statutory authority upon which it is 15 based; whether the rule, amendment to a rule, or repeal of a 16 rule is in proper form; and whether the notice was given 17 before its adoption, amendment, or repeal and was sufficient 18 to give adequate notice of the purpose and effect of the 19 rule, amendment, or repeal. In addition, the Joint Committee 20 may consider whether the agency has considered alternatives 21 to the rule that are consistent with the stated objectives of 22 both the applicable statutes and regulations and whether the 23 rule is designed to minimize economic impact on small 24 businesses. 25 (b) If the Joint Committee objects to a proposed rule, 26 amendment to a rule, or repeal of a rule, by an affirmative 27 vote of the majority of the members present, it shall certify 28 the fact to the issuing agency and include with the 29 certification a statement of its specific objections. 30 (c) If within the second notice period the Joint 31 Committee certifies its objections to the issuing agency, SB1031 Engrossed -2- SRS91S0031JDch 1 then that agency shall do one of the following within 90 days 2 after receiving the statement of objection: 3 (1) Modify the proposed rule, amendment, or 4 repealer to meet the Joint Committee's objections. 5 (2) Withdraw the proposed rule, amendment, or 6 repealer in its entirety. 7 (3) Refuse to modify or withdraw the proposed rule, 8 amendment, or repealer. 9 (d) If an agency elects to modify a proposed rule, 10 amendment, or repealer to meet the Joint Committee's 11 objections, it shall make those modifications that are 12 necessary to meet the objections and shall resubmit the rule, 13 amendment, or repealer to the Joint Committee. In addition, 14 the agency shall submit a notice of its election to modify 15 the proposed rule, amendment, or repealer to meet the Joint 16 Committee's objections to the Secretary of State, and the 17 notice shall be published in the first available issue of the 18 Illinois Register, but the agency shall not be required to 19 conduct a public hearing. If the Joint Committee determines 20 by an affirmative vote of the majority of the members present 21 that the modifications do not remedy the Joint Committee's 22 objections, it shall so notify the agency in writing and 23 shall submit a copy of that notification to the Secretary of 24 State for publication in the next available issue of the 25 Illinois Register. In addition, the Joint Committee may 26 recommend legislative action as provided in subsection (g) 27 for agency refusals. 28 (e) If an agency elects to withdraw a proposed rule, 29 amendment, or repealer as a result of the Joint Committee's 30 objections, it shall notify the Joint Committee in writing of 31 its election and shall submit a notice of the withdrawal to 32 the Secretary of State. The notice shall be published in the 33 next available issue of the Illinois Register. 34 (f) Failure of an agency to respond to the Joint SB1031 Engrossed -3- SRS91S0031JDch 1 Committee's objections to a proposed rule, amendment, or 2 repealer within the time prescribed in subsection (c) shall 3 constitute withdrawal of the proposed rule, amendment, or 4 repealer in its entirety. The Joint Committee shall submit a 5 notice to that effect to the Secretary of State, and the 6 notice shall be published in the next available issue of the 7 Illinois Register. The Secretary of State shall refuse to 8 accept for filing a certified copy of the proposed rule, 9 amendment, or repealer under the provisions of Section 5-65. 10 (g) If an agency refuses to modify or withdraw the 11 proposed rule, amendment, or repealer to remedy an objection 12 stated by the Joint Committee, it shall notify the Joint 13 Committee in writing of its refusal and shall submit a notice 14 of refusal to the Secretary of State. The notice shall be 15 published in the next available issue of the Illinois 16 Register. If the Joint Committee decides by an affirmative 17 vote of the majority of the members present to recommend 18 legislative action in response to an agency refusal, then the 19 Joint Committee shall have drafted and introduced into either 20 house of the General Assembly appropriate legislation to 21 implement the recommendations of the Joint Committee. 22 (h) No rule, amendment, or repeal of a rule shall be 23 accepted by the Secretary of State for filing under Section 24 5-65, if the rulemaking is subject to this Section, until 25 after the agency has responded to the objections of the Joint 26 Committee as provided in this Section. 27 (Source: P.A. 90-372, eff. 7-1-98.) 28 (5 ILCS 100/5-115) (from Ch. 127, par. 1005-115) 29 Sec. 5-115. Other action by the Joint Committee. 30 (a) If the Joint Committee determines that the adoption 31 and effectiveness of a proposed rule, amendment, or repealer 32 or portion of a proposed rule, amendment, or repealer by an 33 agency would be objectionable under any of the standards for SB1031 Engrossed -4- SRS91S0031JDch 1 the Joint Committee's review specified in Section 5-100, 2 5-105, 5-110, 5-120, or 5-130 and would constitute a serious 3 threat to the public interest, safety, or welfare, the Joint 4 Committee may issue a statement to that effect at any time 5 before the proposed rule, amendment, or repealer takes 6 effect. The statement may be issued by the Joint Committee 7 only upon the affirmative vote of a majoritythree-fifthsof 8 the members appointed to the Joint Committee. A certified 9 copy of the statement shall be transmitted to the proposing 10 agency and to the Secretary of State for publication in the 11 next available issue of the Illinois Register. 12 (b) The proposed rule, amendment, or repealer or the 13 portion of the proposed rule, amendment, or repealer to which 14 the Joint Committee has issued a statement under subsection 15 (a) shall not be accepted for filing by the Secretary of 16 State nor take effect for at least 180 days after receipt of 17 the statement by the Secretary of State. The agency may not 18 enforce or invoke for any reason a proposed rule, amendment, 19 or repealer or any portion thereof that is prohibited from 20 being filed by this subsection during this 180 day period. 21 (c) The Joint Committee shall, as soon as practicable 22 after the issuance of a statement under subsection (a), 23 introduce in either house of the General Assembly a joint 24 resolution stating that the General Assembly desires to 25 continue the prohibition against the proposed rule, 26 amendment, or repealer or the portion thereof to which the 27 statement was issued being filed and taking effect. The joint 28 resolution shall, immediately following its first reading, be 29 placed on the calendar for consideration in each house of the 30 General Assembly without reference to a standing committee. 31 If the joint resolution is passed by both houses of the 32 General Assembly within the 180 day period provided in 33 subsection (b), the agency shall be prohibited from filing 34 the proposed rule, amendment, or repealer or the portion SB1031 Engrossed -5- SRS91S0031JDch 1 thereof and the proposed rule, amendment, or repealer or the 2 portion thereof shall not take effect. The Secretary of 3 State shall not accept for filing the proposed rule, 4 amendment, or repealer or the portion thereof that the 5 General Assembly has prohibited the agency from filing as 6 provided in this subsection. If the 180 day period provided 7 in subsection (b) expires before passage of the joint 8 resolution, the agency may file the proposed rule, amendment, 9 or repealer or the portion thereof as adopted and it shall 10 take effect. 11 (Source: P.A. 87-823; 88-667, eff. 9-16-94.) 12 (5 ILCS 100/5-120) (from Ch. 127, par. 1005-120) 13 Sec. 5-120. Responsibilities of the Joint Committee with 14 respect to emergency, peremptory, and other existing rules. 15 (a) The Joint Committee may examine any rule to 16 determine whether the rule is within the statutory authority 17 upon which it is based and whether the rule is in proper 18 form. 19 (b) If the Joint Committee objects to a rule, it shall, 20 by an affirmative vote of the majority of the members 21 present, within 5 days of the objection, certify the fact to 22 the adopting agency and include within the certification a 23 statement of its specific objections. 24 (c) Within 90 days after receiving the certification, 25 the agency shall do one of the following: 26 (1) Notify the Joint Committee that it has elected 27 to amend the rule to meet the Joint Committee's 28 objection. 29 (2) Notify the Joint Committee that it has elected 30 to repeal the rule. 31 (3) Notify the Joint Committee that it refuses to 32 amend or repeal the rule. 33 (d) If the agency elects to amend a rule to meet the SB1031 Engrossed -6- SRS91S0031JDch 1 Joint Committee's objections, it shall notify the Joint 2 Committee in writing and shall initiate rulemaking procedures 3 for that purpose by giving notice as required by Section 4 5-35. The Joint Committee shall give priority to rules so 5 amended when setting its agenda. 6 (e) If the agency elects to repeal a rule as a result of 7 the Joint Committee's objections, it shall notify the Joint 8 Committee in writing of its election and shall initiate 9 rulemaking procedures for that purpose by giving notice as 10 required by Section 5-35. 11 (f) If the agency elects to amend or repeal a rule as a 12 result of the Joint Committee's objections, it shall complete 13 the process within 180 days after giving notice in the 14 Illinois Register. 15 (g) Failure of the agency to respond to the Joint 16 Committee's objections to a rule within the time prescribed 17 in subsection (c) shall constitute a refusal to amend or 18 repeal the rule. 19 (h) If an agency refuses to amend or repeal a rule to 20 remedy an objection stated by the Joint Committee, it shall 21 notify the Joint Committee in writing of its refusal and 22 shall submit a notice of refusal to the Secretary of State. 23 The notice shall be published in the next available issue of 24 the Illinois Register. If the Joint Committee, in response to 25 an agency refusal, decides to recommend legislative action, 26 then the Joint Committee shall have drafted and introduced 27 into either house of the General Assembly appropriate 28 legislation to implement the recommendations of the Joint 29 Committee. 30 (Source: P.A. 87-823; 88-667, eff. 9-16-94.) 31 (5 ILCS 100/5-125) (from Ch. 127, par. 1005-125) 32 Sec. 5-125. Other Joint Committee action with respect to 33 emergency or peremptory rulemaking. SB1031 Engrossed -7- SRS91S0031JDch 1 (a) If the Joint Committee determines that a rule or 2 portion of a rule adopted under Section 5-45 or 5-50 is 3 objectionable under any of the standards for the Joint 4 Committee's review specified in Section 5-100, 5-105, 5-110, 5 5-120, or 5-130 and constitutes a serious threat to the 6 public interest, safety, or welfare, the Joint Committee may 7 issue a statement to that effect. The statement may be 8 issued by the Joint Committee only upon the affirmative vote 9 of a majoritythree-fifthsof the members appointed to the 10 Joint Committee. A certified copy of the statement shall be 11 transmitted to the affected agency and to the Secretary of 12 State for publication in the next available issue of the 13 Illinois Register. Within 30 days of transmittal of the 14 statement to the agency, the agency shall notify the Joint 15 Committee in writing whether it has elected to repeal or 16 amend the rule. Failure of the agency to notify the Joint 17 Committee and Secretary of State within 30 days constitutes a 18 decision by the agency to not repeal the rule. 19 (b) The effectiveness of the rule or the portion of a 20 rule shall be suspended immediately for at least 180 days 21 upon receipt of the certified statement by the Secretary of 22 State. The Secretary of State shall indicate the suspension 23 prominently and clearly on the face of the affected rule or 24 the portion of a rule filed in the Office of the Secretary of 25 State. Rules or portions of rules suspended under this 26 subsection shall become effective again upon the expiration 27 of 180 days from receipt of the statement by the Secretary of 28 State if the General Assembly does not continue the 29 suspension under subsection (c). The agency may not enforce, 30 or invoke for any reason, a rule or portion of a rule that 31 has been suspended under this subsection. During the 180 day 32 period, the agency may not file, nor may the Secretary of 33 State accept for filing, any rule having substantially the 34 same purpose and effect as rules or portions of rules SB1031 Engrossed -8- SRS91S0031JDch 1 suspended under this subsection. 2 (c) The Joint Committee shall, as soon as practicable 3 after the issuance of a statement under subsection (a), cause 4 to be introduced in either house of the General Assembly a 5 joint resolution stating that the General Assembly desires to 6 continue the suspension of effectiveness of a rule or the 7 portion of the rule to which the statement was issued. The 8 joint resolution shall immediately following its first 9 reading be placed on the calendar for consideration in each 10 house of the General Assembly without reference to a standing 11 committee. If the joint resolution is passed by both houses 12 of the General Assembly within the 180 day period provided in 13 subsection (b), the rule or the portion of the rule shall be 14 considered repealed and the Secretary of State shall 15 immediately remove the rule or portion of a rule from the 16 collection of effective rules. 17 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)