91st General Assembly
Summary of SB1158
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Senate Sponsors:
RAUSCHENBERGER-BURZYNSKI-FAWELL-O'DANIEL-OBAMA AND REA.

House Sponsors:
WOOLARD-SLONE-NOVAK-PUGH

Short description: 
AMEND IL ADMIN PROCEDURE ACT                                               

Synopsis of Bill as introduced:
        Amends the Illinois Administrative Procedure Act.  Makes a change      
   to the responsibilities of the Joint Committee on Administrative Rules      
   to allow the Joint Committee to make suggestions relating to an             
   agency's rules and rulemaking process.                                      
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          5 ILCS 100/5-105                                                     
          Adds reference to:                                                   
          5 ILCS 100/5-40                 from Ch. 127, par. 1005-40           
        Deletes everything.  Amends the Illinois Administrative Procedure      
   Act.  Increases to 60 days (now 45  days)  the  length  of  the  first      
   notice  period.   Requires an agency to provide a second notice to the      
   Joint Committee on Administrative Rules and the general  public  (now,      
   the  agency  must  provide  additional notice to the Joint Committee).      
   Provides that the second notice period commences on the first day  the      
   second  notice  appears  in  the Illinois Register and expires 60 days      
   thereafter.  Allows for the extension of the second notice  period  by      
   the  agency  and  the  Joint Committee.  Allows the Joint Committee to      
   revise the second notice for publication in the Illinois Register.          
        SENATE AMENDMENT NO. 2.                                                
        Further  amends  the  Illinois  Administrative   Procedure   Act.      
   Requires  the  Joint  Committee  on  Administrative Rules to prepare a      
   second notice text of a rulemaking that includes the text  as  it  was      
   originally  prepared  with any modifications made by the agency during      
   the first notice period.  Requires the Joint Committee to  submit  the      
   second  notice  text  and  a  notice  page prepared by the agency that      
   indicates the changes made since the beginning  of  the  first  notice      
   period  for  publication  in the Illinois Register.  Allows the agency      
   and the Joint Committee to agree to extensions of  the  second  notice      
   period  not  exceeding an additional 60 days each (now, the agency and      
   the Joint Committee may agree to one extension that does not exceed an      
   additional 60 days).  Makes technical changes.                              
        HOUSE AMENDMENT NO. 1.                                                 
        Further  amends  the  Illinois  Administrative   Procedure   Act.      
   Provides  that  the changes concerning general rulemaking do not apply      
   to rules adopted by the Pollution Control Board under the  Section  of      
   the Environmental Protection Act concerning Clean Air Act rules.            
        CONFERENCE COMMITTEE REPORT NO. 2. (Adopted in Senate only)            
        Recommends that the House recede from H-am 1.                          
        Recommends that the bill be amended as follows:                        
          Adds reference to:                                                   
          5 ILCS 100/5-45                 from Ch. 127, par. 1005-45           
          5 ILCS 100/5-60                 from Ch. 127, par. 1005-60           
          5 ILCS 100/5-80                 from Ch. 127, par. 1005-80           
          5 ILCS 100/5-153 new                                                 
        Deletes everything.  Amends the Illinois Administrative Procedure      
   Act.  Requires an agency to give 42 (now 45) days' notice of  intended      
   rulemaking.    Provides  that the second notice period expires 60 days      
   (now 45 days)  after  the  Joint  Committee  on  Administrative  Rules      
   receives  notice  of the proposed rulemaking. Provides that the agency      
   and the  Joint Committee may agree to 45-day extensions of the  second      
   notice period.  Provides that an emergency rule may be effective for a      
   period  of  not  longer  than  180 (now 150) days.  Requires statutory      
   citations in  rules  to  include  the  specific  Section,  subsection,      
   paragraph, and subparagraph of the statute. Requires the Department of      
   Central   Management  Services  to  develop  a  detailed  plan  for  a      
   centralized, integrated electronic database of official  State  agency      
   rules  and  to  submit the plan to the Governor, General Assembly, and      
   Joint  Committee  no  later  than   October   15,   1999.    Effective      
   immediately.                                                                
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   2


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