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92nd General Assembly

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Public Act 92-0330

SB1150 Enrolled                                LRB9206046JMmb

    AN ACT concerning access to data.

    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 Section 5-40 as follows:

    (5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
    Sec. 5-40.  General rulemaking.
    (a)  In all rulemaking to which Sections 5-45 and 5-50 do
not apply, each agency shall comply with this Section.
    (b)  Each agency shall give at least 45 days'  notice  of
its intended action to the general public.  This first notice
period  shall commence on the first day the notice appears in
the Illinois Register.  The first notice  shall  include  all
the following:
         (1)  The  text of the proposed rule, the old and new
    materials of a proposed amendment, or  the  text  of  the
    provision to be repealed.
         (2)  The  specific statutory citation upon which the
    proposed rule, the proposed amendment to a rule,  or  the
    proposed  repeal  of  a  rule is based and by which it is
    authorized.
         (3)  A complete  description  of  the  subjects  and
    issues involved.
         (3.5)  A  descriptive  title or other description of
    any published study or research report used in developing
    the rule, the identity of the person who  performed  such
    study, and a description of where the public may obtain a
    copy  of  any such study or research report. If the study
    was performed by an agency or by a person or entity  that
    contracted  with  the  agency  for the performance of the
    study,  the  agency  shall  also  make  copies   of   the
    underlying  data  available to members of the public upon
    request if the data are  not  protected  from  disclosure
    under the Freedom of Information Act.
         (4)  For  all proposed rules and proposed amendments
    to rules,  an  initial  regulatory  flexibility  analysis
    containing a description of the types of small businesses
    subject  to the rule; a brief description of the proposed
    reporting, bookkeeping, and other procedures required for
    compliance with the rule; and a description of the  types
    of professional skills necessary for compliance.
         (5)  The time, place, and manner in which interested
    persons  may  present their views and comments concerning
    the proposed rulemaking.
    During the first notice period, the agency  shall  accept
from  any  interested  persons  data,  views,  arguments,  or
comments.  These  may,  in  the  discretion of the agency, be
submitted either orally or in writing or  both.   The  notice
published  in the Illinois Register shall indicate the manner
selected by the agency for the submissions.  The agency shall
consider all submissions received.
    The agency shall hold a public hearing  on  the  proposed
rulemaking  during  the first notice period if (i) during the
first notice period, the agency finds that a  public  hearing
would  facilitate  the  submission of views and comments that
might not otherwise be submitted or (ii) the agency  receives
a  request  for  a  public  hearing, within the first 14 days
after publication of the notice of proposed rulemaking in the
Illinois Register, from 25 interested persons, an association
representing at least 100 interested persons,  the  Governor,
the  Joint  Committee  on  Administrative Rules, or a unit of
local  government  that  may  be  affected.   At  the  public
hearing, the agency shall allow interested persons to present
views and comments on  the  proposed  rulemaking.   A  public
hearing  in  response  to  a request for a hearing may not be
held less than 20 days after the publication of the notice of
proposed rulemaking in the Illinois Register unless notice of
the public hearing is included  in  the  notice  of  proposed
rulemaking.  A  public hearing on proposed rulemaking may not
be held less than 5 days  before  submission  of  the  notice
required  under  subsection  (c) of this Section to the Joint
Committee on Administrative Rules.  Each agency may prescribe
reasonable rules  for  the  conduct  of  public  hearings  on
proposed  rulemaking  to  prevent  undue  repetition  at  the
hearings.   The  hearings  must  be  open  to  the public and
recorded by stenographic or mechanical means.  At  least  one
agency representative shall be present during the hearing who
is  qualified to respond to general questions from the public
regarding the agency's proposal and the rulemaking process.
    (c)  Each agency shall provide additional notice  of  the
proposed  rulemaking to the Joint Committee on Administrative
Rules. The period commencing on the  day  written  notice  is
received  by the Joint Committee shall be known as the second
notice period and shall  expire  45  days  thereafter  unless
before  that  time  the  agency  and the Joint Committee have
agreed to extend the second notice period beyond 45 days  for
a  period  not  to exceed an additional 45 days or unless the
agency has received a statement of objection from  the  Joint
Committee  or  notification  from the Joint Committee that no
objection will be issued.  The written notice  to  the  Joint
Committee  shall  include  (i)  the  text and location of any
changes made to the  proposed  rulemaking  during  the  first
notice  period  in  a form prescribed by the Joint Committee;
(ii) for all proposed rules and proposed amendments to rules,
a final regulatory flexibility analysis containing a  summary
of  issues raised by small businesses during the first notice
period and a description of actions taken on any alternatives
to the proposed rule suggested by small businesses during the
first notice period,  including  reasons  for  rejecting  any
alternatives not utilized; and (iii) if a written request has
been made by the Joint Committee within 30 days after initial
notice  appears in the Illinois Register under subsection (b)
of this Section, an analysis of the  economic  and  budgetary
effects of the proposed rulemaking. After commencement of the
second  notice period, no substantive change may be made to a
proposed rulemaking unless it  is  made  in  response  to  an
objection  or  suggestion of the Joint Committee.  The agency
shall also send a copy of the  final  regulatory  flexibility
analysis  to  each small business that has presented views or
comments on the proposed rulemaking during the  first  notice
period  and  to  any  other  interested person who requests a
copy.  The agency may charge a reasonable fee  for  providing
the copies to cover postage and handling costs.
    (d)  After  the  expiration  of the second notice period,
after notification from the Joint Committee that no objection
will be issued, or after  a  response  by  the  agency  to  a
statement  of  objections  issued  by  the  Joint  Committee,
whichever is applicable, the agency shall file, under Section
5-65,  a certified copy of each rule, modification, or repeal
of any rule adopted by it.  The copy shall  be  published  in
the  Illinois  Register.   Each  rule hereafter adopted under
this  Section  is  effective  upon  filing  unless  a   later
effective  date is required by statute or is specified in the
rulemaking.
    (e)  No rule or modification or repeal of any rule may be
adopted, or filed with the Secretary of State, more than  one
year   after  the  date  the  first  notice  period  for  the
rulemaking under subsection (b) commenced.  Any period during
which the rulemaking is prohibited  from  being  filed  under
Section  5-115  shall  not  be considered in calculating this
one-year time period.
(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
    Passed in the General Assembly May 16, 2001.
    Approved August 09, 2001.

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