Illinois General Assembly - Full Text of Public Act 093-1074
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Public Act 093-1074


 

Public Act 1074 93RD GENERAL ASSEMBLY



 


 
Public Act 093-1074
 
SB2234 Enrolled LRB093 15890 RCE 41507 b

    AN ACT in relation to the legislature.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Administrative Procedure Act is
amended by changing and reenacting Sections 5-115, 5-120, and
5-125 and validating all actions taken thereunder as follows:
 
    (5 ILCS 100/5-115)  (from Ch. 127, par. 1005-115)
    Sec. 5-115. Other action by the Joint Committee.
    (a) If the Joint Committee determines that the adoption and
effectiveness of a proposed rule, amendment, or repealer or
portion of a proposed rule, amendment, or repealer by an agency
would be objectionable under any of the standards for the Joint
Committee's review specified in Section 5-100, 5-105, 5-110,
5-120, or 5-130 and would constitute a serious threat to the
public interest, safety, or welfare, the Joint Committee may
issue a statement to that effect at any time before the
proposed rule, amendment, or repealer takes effect. The
statement may be issued by the Joint Committee only upon the
affirmative vote of three-fifths of the members appointed to
the Joint Committee. The Joint Committee, however, may withdraw
a statement within 180 days after it is issued upon the
affirmative vote of a majority of the members appointed to the
Joint Committee. A certified copy of each statement and
withdrawal shall be transmitted to the proposing agency and to
the Secretary of State for publication in the next available
issue of the Illinois Register.
    (b) The proposed rule, amendment, or repealer or the
portion of the proposed rule, amendment, or repealer to which
the Joint Committee has issued a statement under subsection (a)
shall not be accepted for filing by the Secretary of State and
shall not nor take effect unless the statement is withdrawn or
a joint resolution is passed as provided in subsection (c). The
agency may not enforce or invoke for any reason a proposed
rule, amendment, or repealer or any portion thereof that is
prohibited from being filed by this subsection.
    (c) After the issuance of a statement under subsection (a),
any member of the General Assembly may introduce in the General
Assembly a joint resolution stating that the General Assembly
desires to discontinue the prohibition against the proposed
rule, amendment, or repealer or the portion thereof to which
the statement was issued being filed and taking effect. If the
joint resolution is not passed by both houses of the General
Assembly within 180 days after receipt of the statement by the
Secretary of State or the statement is not withdrawn as
provided in subsection (a), the agency shall be prohibited from
filing the proposed rule, amendment, or repealer or the portion
thereof and the proposed rule, amendment, or repealer or the
portion thereof shall not take effect. The Secretary of State
shall not accept for filing the proposed rule, amendment, or
repealer or the portion thereof with respect to which the Joint
Committee has issued a statement under subsection (a) unless
that statement is withdrawn or a joint resolution is passed as
provided in this subsection. If the 180-day period expires
before passage of the joint resolution, the agency may not file
the proposed rule, amendment, or repealer or the portion
thereof as adopted and it shall not take effect.
    (d) If a statement is issued under this Section, then, in
response to an objection or suggestion of the Joint Committee,
the agency may propose changes to the proposed rule, amendment,
or repealer or portion of a proposed rule, amendment, or
repealer. If the agency proposes changes, it must provide
additional notice to the Joint Committee under the same terms
and conditions and shall be subject to the same requirements
and limitations as those set forth for a second notice period
under subsection (c) of Section 5-40.
(Source: P.A. 93-1035, eff. 9-10-04.)
 
    (5 ILCS 100/5-120)  (from Ch. 127, par. 1005-120)
    Sec. 5-120. Responsibilities of the Joint Committee with
respect to emergency, peremptory, and other existing rules.
    (a) The Joint Committee may examine any rule to determine
whether the rule is within the statutory authority upon which
it is based and whether the rule is in proper form.
    (b) If the Joint Committee objects to a rule, it shall,
within 5 days of the objection, certify the fact to the
adopting agency and include within the certification a
statement of its specific objections.
    (c) Within 90 days after receiving the certification, the
agency shall do one of the following:
        (1) Notify the Joint Committee that it has elected to
    amend the rule to meet the Joint Committee's objection.
        (2) Notify the Joint Committee that it has elected to
    repeal the rule.
        (3) Notify the Joint Committee that it refuses to amend
    or repeal the rule.
    (d) If the agency elects to amend a rule to meet the Joint
Committee's objections, it shall notify the Joint Committee in
writing and shall initiate rulemaking procedures for that
purpose by giving notice as required by Section 5-35. The Joint
Committee shall give priority to rules so amended when setting
its agenda.
    (e) If the agency elects to repeal a rule as a result of
the Joint Committee's objections, it shall notify the Joint
Committee in writing of its election and shall initiate
rulemaking procedures for that purpose by giving notice as
required by Section 5-35.
    (f) If the agency elects to amend or repeal a rule as a
result of the Joint Committee's objections, it shall complete
the process within 180 days after giving notice in the Illinois
Register.
    (g) Failure of the agency to respond to the Joint
Committee's objections to a rule within the time prescribed in
subsection (c) shall constitute a refusal to amend or repeal
the rule.
    (h) If an agency refuses to amend or repeal a rule to
remedy an objection stated by the Joint Committee, it shall
notify the Joint Committee in writing of its refusal and shall
submit a notice of refusal to the Secretary of State. The
notice shall be published in the next available issue of the
Illinois Register. If the Joint Committee, in response to an
agency refusal, decides to suspend a the rule adopted under
Section 5-45 or 5-50, then it may do so pursuant to Section
5-125. Any member of the General Assembly may introduce
legislation in the General Assembly to implement the
recommendations of the Joint Committee concerning emergency,
peremptory, and other existing rules.
(Source: P.A. 93-1035, eff. 9-10-04.)
 
    (5 ILCS 100/5-125)  (from Ch. 127, par. 1005-125)
    Sec. 5-125. Other Joint Committee action with respect to
emergency or peremptory rulemaking.
    (a) If the Joint Committee determines that a rule or
portion of a rule adopted under Section 5-45 or 5-50 is
objectionable under any of the standards for the Joint
Committee's review specified in Section 5-100, 5-105, 5-110,
5-120, or 5-130 and constitutes a serious threat to the public
interest, safety, or welfare, the Joint Committee may issue a
statement to that effect. The statement may be issued by the
Joint Committee only upon the affirmative vote of three-fifths
of the members appointed to the Joint Committee. The Joint
Committee, however, may withdraw a statement within 180 days
after it is issued upon the affirmative vote of a majority of
the members appointed to the Joint Committee. A certified copy
of each statement and withdrawal shall be transmitted to the
affected agency and to the Secretary of State for publication
in the next available issue of the Illinois Register. Within 30
days of transmittal of the statement to the agency, the agency
shall notify the Joint Committee in writing whether it has
elected to repeal or amend the rule. Failure of the agency to
notify the Joint Committee and Secretary of State within 30
days constitutes a decision by the agency to not repeal the
rule.
    (b) The effectiveness of the rule or the portion of a rule
shall be suspended immediately upon receipt of the certified
statement by the Secretary of State. The Secretary of State
shall indicate the suspension prominently and clearly on the
face of the affected rule or the portion of a rule filed in the
Office of the Secretary of State. Rules or portions of rules
suspended under this subsection shall not become effective
again unless the statement is withdrawn as provided in
subsection (a) or unless within 180 days from receipt of the
statement by the Secretary of State, the General Assembly
discontinues the suspension by joint resolution under
subsection (c). The agency may not enforce, or invoke for any
reason, a rule or portion of a rule that has been suspended
under this subsection. During the 180-day period, the agency
may not file, and nor may the Secretary of State may not accept
for filing, any rule that (i) has the same purpose and effect
as rules or portions of rules suspended under this subsection
or (ii) does not substantially address the statement issued
under subsection (a), except as otherwise provided in this
Section.
    (c) After the issuance of a statement under subsection (a),
any member of the General Assembly may introduce in the General
Assembly a joint resolution stating that the General Assembly
desires to discontinue the suspension of effectiveness of a
rule or the portion of the rule to which the statement was
issued. If the joint resolution is not passed by both houses of
the General Assembly within the 180-day period provided in
subsection (b) or the statement is not withdrawn, the rule or
the portion of the rule shall be considered repealed and the
Secretary of State shall immediately remove the rule or portion
of a rule from the collection of effective rules.
    (d) If a statement is issued under this Section, then, in
response to an objection or suggestion of the Joint Committee,
the agency may propose changes to the rule, amendment, or
repealer or portion of a rule, amendment, or repealer. If the
agency proposes changes, it must provide additional notice to
the Joint Committee under the same terms and conditions and
shall be subject to the same requirements and limitations as
those set forth for a second notice period under subsection (c)
of Section 5-40.
(Source: P.A. 93-1035, eff. 9-10-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 1/18/2005