101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0935

 

Introduced , by Rep. David McSweeney

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Administrative Procedure Act. Provides that an agency that proposes a new rule or amendment to a rule shall, before or during the first notice period, provide an opportunity for private sector entities to participate in the rulemaking process by utilizing specified techniques, as well as providing those private sector entities with the opportunity to submit their own estimates on the cost of compliance with the proposed rule or amendment. Requires an agency to include those estimates in both a final regulatory flexibility analysis and an analysis of the economic and budgetary effects of the proposed rulemaking. Provides that prior to the filing for publication in the Illinois Register of any proposed rule or amendment, each agency shall estimate the compliance and implementation costs for private parties for that proposed rule or amendment. Extends the maximum length of the second notice period from 90 days to 135 days. Provides that a rule estimated either by an agency or during the second notice period to generate compliance and implementation costs of $10,000,000 or more over a 2-year period shall be deemed objectionable and automatically prohibited, and the Joint Committee on Administrative Rules shall issue a statement to that effect in accordance with specified provisions. Provides that the proposed rule or amendment shall remain prohibited until otherwise authorized by legislation passed by both houses of the General Assembly and signed by the Governor. Provides that any adopted emergency rule estimated to generate compliance and implementation costs of $10,000,000 or more over the term of the emergency rule shall be automatically suspended until otherwise authorized by legislation passed by both houses of the General Assembly and signed by the Governor. Requires the Commission on Government Forecasting and Accountability to publish an annual inflation index to measure the rise in costs stemming from the implementation of rules and amendments to rules. Provides that the Joint Committee has the power to request the Auditor General to perform an independent estimate to assess the cost of a proposed rule or amendment, or the cost of an emergency rule. Provides further requirements concerning the prohibition of proposed rules or amendments. Makes conforming changes.


LRB101 07129 RJF 52167 b

 

 

A BILL FOR

 

HB0935LRB101 07129 RJF 52167 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by changing Sections 5-30, 5-40, 5-45, 5-100, and 5-115
6as follows:
 
7    (5 ILCS 100/5-30)  (from Ch. 127, par. 1005-30)
8    Sec. 5-30. Regulatory flexibility. When an agency proposes
9a new rule or an amendment to an existing rule that may have an
10impact on small businesses, not for profit corporations, or
11small municipalities, the agency shall do each of the
12following:
13        (a) The agency shall consider each of the following
14    methods for reducing the impact of the rulemaking on small
15    businesses, not for profit corporations, or small
16    municipalities. The agency shall reduce the impact by
17    utilizing one or more of the following methods if it finds
18    that the methods are legal and feasible in meeting the
19    statutory objectives that are the basis of the proposed
20    rulemaking.
21            (1) Establish less stringent compliance or
22        reporting requirements in the rule for small
23        businesses, not for profit corporations, or small

 

 

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1        municipalities.
2            (2) Establish less stringent schedules or
3        deadlines in the rule for compliance or reporting
4        requirements for small businesses, not for profit
5        corporations, or small municipalities.
6            (3) Consolidate or simplify the rule's compliance
7        or reporting requirements for small businesses, not
8        for profit corporations, or small municipalities.
9            (4) Establish performance standards to replace
10        design or operational standards in the rule for small
11        businesses, not for profit corporations, or small
12        municipalities.
13            (5) Exempt small businesses, not for profit
14        corporations, or small municipalities from any or all
15        requirements of the rule.
16        (b) Before or during the notice period required under
17    subsection (b) of Section 5-40, the agency shall provide an
18    opportunity for small businesses, not for profit
19    corporations, or small municipalities to participate in
20    the rulemaking process. The agency shall utilize one or
21    more of the following techniques. These techniques are in
22    addition to other rulemaking requirements imposed by this
23    Act or by any other Act.
24            (1) The inclusion in any advance notice of possible
25        rulemaking of a statement that the rule may have an
26        impact on small businesses, not for profit

 

 

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1        corporations, or small municipalities.
2            (2) The publication of a notice of rulemaking in
3        publications likely to be obtained by small
4        businesses, not for profit corporations, or small
5        municipalities.
6            (3) The direct notification of interested small
7        businesses, not for profit corporations, or small
8        municipalities.
9            (4) The conduct of public hearings concerning the
10        impact of the rule on small businesses, not for profit
11        corporations, or small municipalities.
12            (5) The use of special hearing or comment
13        procedures to reduce the cost or complexity of
14        participation in the rulemaking by small businesses,
15        not for profit corporations, or small municipalities.
16        (b-5) In addition to the requirements of subsection
17    (b), before or during the first notice period required
18    under subsection (b) of Section 5-40, the agency shall also
19    provide an opportunity for private sector entities other
20    than small businesses to participate in the rulemaking
21    process by utilizing the techniques provided under
22    subsection (b) of this Section, as well as providing those
23    private sector entities with the opportunity to submit
24    their own estimates on the cost of compliance with the
25    proposed rule or amendment to a rule. The agency shall
26    include those estimates in both a final regulatory

 

 

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1    flexibility analysis and an analysis of the economic and
2    budgetary effects of the proposed rulemaking as required
3    under subsection (c) of Section 5-40.
4        (c) Prior to the filing for publication in the Illinois
5    Register of any proposed rule or amendment that may have an
6    adverse impact on small businesses, each agency must
7    prepare an economic impact analysis which shall be filed
8    with the proposed rule and publicized in the Illinois
9    Register together with the proposed rule. The economic
10    impact analysis shall include the following:
11            (1) An identification of the types and estimate of
12        the number of the small businesses subject to the
13        proposed rule or amendment. The agency shall identify
14        the types of businesses subject to the proposed rule
15        using the following 2-digit codes from the North
16        American Industry Classification System (NAICS):
17                11 Agriculture, Forestry, Fishing and Hunting.
18                21 Mining.
19                22 Utilities.
20                23 Construction.
21                31-33 Manufacturing.
22                42 Wholesale Trade.
23                44-45 Retail Trade.
24                48-49 Transportation and Warehousing.
25                51 Information.
26                52 Finance and Insurance.

 

 

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1                53 Real Estate Rental and Leasing.
2                54 Professional, Scientific, and Technical
3            Services.
4                55 Management of Companies and Enterprises.
5                56 Administrative and Support and Waste
6            Management and Remediation Services.
7                61 Educational Services.
8                62 Health Care and Social Assistance.
9                71 Arts, Entertainment, and Recreation.
10                72 Accommodation and Food Services.
11                81 Other Services (except Public
12            Administration).
13                92 Public Administration.
14            The agency shall also identify the impact of the
15        proposed rule by identifying as many of the following
16        categories that the agency reasonably believes the
17        proposed rule will impact:
18                A. Hiring and additional staffing.
19                B. Regulatory requirements.
20                C. Purchasing.
21                D. Insurance changes.
22                E. Licensing fees.
23                F. Equipment and material needs.
24                G. Training requirements.
25                H. Recordkeeping Record keeping.
26                I. Compensation and benefits.

 

 

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1                J. Other potential impacted categories.
2            (2) The projected reporting, recordkeeping, and
3        other administrative costs required for compliance
4        with the proposed rule or amendment, including the type
5        of professional skills necessary for preparation of
6        the report or record.
7            (3) A statement of the probable positive or
8        negative economic effect on impacted small businesses.
9            (4) A description of any less intrusive or less
10        costly alternative methods of achieving the purpose of
11        the proposed rule or amendment. The alternatives must
12        be consistent with the stated objectives of the
13        applicable statutes and the proposed rulemaking.
14        The Department of Commerce and Economic Opportunity
15    shall place notification of all proposed rules affecting
16    small business on its website. The notification shall
17    include the information provided by the agency under this
18    subsection (c) together with the summary of the proposed
19    rule published by the Joint Committee on Administrative
20    Rules in the Flinn Report.
21        The Business Assistance Office shall prepare an impact
22    analysis of the rule or amendment describing its effect on
23    small businesses whenever the Office believes, in its
24    discretion, that an analysis is warranted or whenever
25    requested to do so by 25 interested persons, an association
26    representing at least 100 interested persons, the

 

 

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1    Governor, a unit of local government, or the Joint
2    Committee on Administrative Rules. The impact analysis
3    shall be completed before or within the notice period as
4    described in subsection (b) of Section 5-40. Upon
5    completion of any analysis in accordance with this
6    subsection (c), the preparing agency or the Business
7    Assistance Office shall submit the analysis to the Joint
8    Committee on Administrative Rules, to any interested
9    person who requested the analysis, and, if the agency
10    prepared the analysis, to the Business Assistance Office.
11        For purposes of this subsection (c), "small business"
12    means a business with fewer than 50 full-time employees or
13    less than $4,000,000 in gross annual sales.
14        This subsection does not apply to rules and standards
15    described in paragraphs (1) through (5) of subsection (c)
16    of Section 1-5.
17        (d) Prior to the filing for publication in the Illinois
18    Register of any proposed rule or amendment, each agency
19    shall estimate the compliance and implementation costs for
20    private parties for that proposed rule or amendment. If the
21    agency determines that proposed rule or amendment will
22    generate compliance and implementation costs for private
23    parties of $10,000,000 or more over a 2-year period, the
24    agency shall include this information with the filing for
25    publication in the Illinois Register of the proposed rule
26    or amendment, and shall provide notice of this

 

 

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1    determination to the Joint Committee on Administrative
2    Rules.
3(Source: P.A. 100-688, eff. 1-1-19; revised 10-10-18.)
 
4    (5 ILCS 100/5-40)  (from Ch. 127, par. 1005-40)
5    Sec. 5-40. General rulemaking.
6    (a) In all rulemaking to which Sections 5-45 and 5-50 do
7not apply, each agency shall comply with this Section.
8    (b) Each agency shall give at least 45 days' notice of its
9intended action to the general public. This first notice period
10shall commence on the first day the notice appears in the
11Illinois Register. The first notice shall include all the
12following:
13        (1) The text of the proposed rule, the old and new
14    materials of a proposed amendment, or the text of the
15    provision to be repealed.
16        (2) The specific statutory citation upon which the
17    proposed rule, the proposed amendment to a rule, or the
18    proposed repeal of a rule is based and by which it is
19    authorized.
20        (3) A complete description of the subjects and issues
21    involved.
22        (3.5) A descriptive title or other description of any
23    published study or research report used in developing the
24    rule, the identity of the person who performed such study,
25    and a description of where the public may obtain a copy of

 

 

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1    any such study or research report. If the study was
2    performed by an agency or by a person or entity that
3    contracted with the agency for the performance of the
4    study, the agency shall also make copies of the underlying
5    data available to members of the public upon request if the
6    data are not protected from disclosure under the Freedom of
7    Information Act.
8        (4) For all proposed rules and proposed amendments to
9    rules, an initial regulatory flexibility analysis
10    containing a description of the types of small businesses
11    subject to the rule; a brief description of the proposed
12    reporting, bookkeeping, and other procedures required for
13    compliance with the rule; and a description of the types of
14    professional skills necessary for compliance.
15        (5) The time, place, and manner in which interested
16    persons may present their views and comments concerning the
17    proposed rulemaking.
18    During the first notice period, the agency shall accept
19from any interested persons data, views, arguments, or
20comments, including submission of estimates on the cost of
21compliance with the proposed rule or amendment to a rule for
22private sector entities. These may, in the discretion of the
23agency, be submitted either orally or in writing or both. The
24notice published in the Illinois Register shall indicate the
25manner selected by the agency for the submissions. The agency
26shall consider all submissions received.

 

 

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1    The agency shall hold a public hearing on the proposed
2rulemaking during the first notice period if (i) during the
3first notice period, the agency finds that a public hearing
4would facilitate the submission of views and comments that
5might not otherwise be submitted or (ii) the agency receives a
6request for a public hearing, within the first 14 days after
7publication of the notice of proposed rulemaking in the
8Illinois Register, from 25 interested persons, an association
9representing at least 100 interested persons, the Governor, the
10Joint Committee on Administrative Rules, or a unit of local
11government that may be affected. At the public hearing, the
12agency shall allow interested persons to present views and
13comments on the proposed rulemaking. A public hearing in
14response to a request for a hearing may not be held less than
1520 days after the publication of the notice of proposed
16rulemaking in the Illinois Register unless notice of the public
17hearing is included in the notice of proposed rulemaking. A
18public hearing on proposed rulemaking may not be held less than
195 days before submission of the notice required under
20subsection (c) of this Section to the Joint Committee on
21Administrative Rules. Each agency may prescribe reasonable
22rules for the conduct of public hearings on proposed rulemaking
23to prevent undue repetition at the hearings. The hearings must
24be open to the public and recorded by stenographic or
25mechanical means. At least one agency representative shall be
26present during the hearing who is qualified to respond to

 

 

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1general questions from the public regarding the agency's
2proposal and the rulemaking process.
3    (c) Each agency shall provide additional notice of the
4proposed rulemaking to the Joint Committee on Administrative
5Rules. The period commencing on the day written notice is
6received by the Joint Committee shall be known as the second
7notice period and shall expire 45 days thereafter unless before
8that time the agency and the Joint Committee have agreed to
9extend the second notice period beyond 45 days for a period not
10to exceed an additional 90 45 days or unless the agency has
11received a statement of objection from the Joint Committee or
12notification from the Joint Committee that no objection will be
13issued. The written notice to the Joint Committee shall include
14(i) the text and location of any changes made to the proposed
15rulemaking during the first notice period in a form prescribed
16by the Joint Committee; (ii) for all proposed rules and
17proposed amendments to rules, a final regulatory flexibility
18analysis containing a summary of issues raised by small
19businesses and other private sector entities during the first
20notice period and a description of actions taken on any
21alternatives to the proposed rule suggested by small businesses
22and other private sector entities during the first notice
23period, including reasons for rejecting any alternatives not
24utilized; and (iii) if a written request has been made by the
25Joint Committee within 30 days after initial notice appears in
26the Illinois Register under subsection (b) of this Section, an

 

 

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1analysis of the economic and budgetary effects of the proposed
2rulemaking, including estimates submitted during the first
3notice period concerning the cost of compliance for private
4sector entities. After commencement of the second notice
5period, no substantive change may be made to a proposed
6rulemaking unless it is made in response to an objection or
7suggestion of the Joint Committee. The agency shall also send a
8copy of the final regulatory flexibility analysis to each small
9business and other private sector entities that has presented
10views or comments on the proposed rulemaking during the first
11notice period and to any other interested person who requests a
12copy. The agency may charge a reasonable fee for providing the
13copies to cover postage and handling costs.
14    (c-5) Any proposed rule or amendment to a rule estimated
15either by the agency or during the second notice period to
16generate compliance and implementation costs of $10,000,000 or
17more over a 2-year period shall be deemed objectionable and
18automatically prohibited, and the Joint Committee shall issue a
19statement in accordance with Section 5-115. The proposed rule
20or amendment shall remain prohibited until otherwise
21authorized by legislation passed by both houses of the General
22Assembly and signed by the Governor. The $10,000,000 threshold
23established under this subsection (c-5) may be adjusted by rule
24over time based upon information provided by the Commission on
25Government Forecasting and Accountability, which shall be
26required to publish an annual inflation index to measure the

 

 

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1rise in costs stemming from the implementation of rules and
2amendments to rules.
3    (d) After the expiration of the second notice period, after
4notification from the Joint Committee that no objection will be
5issued, or after a response by the agency to a statement of
6objections issued by the Joint Committee, whichever is
7applicable, the agency shall file, under Section 5-65, a
8certified copy of each rule, modification, or repeal of any
9rule adopted by it. The copy shall be published in the Illinois
10Register. Each rule hereafter adopted under this Section is
11effective upon filing unless a later effective date is required
12by statute or is specified in the rulemaking.
13    (e) No rule or modification or repeal of any rule may be
14adopted, or filed with the Secretary of State, more than one
15year after the date the first notice period for the rulemaking
16under subsection (b) commenced. Any period during which the
17rulemaking is prohibited from being filed under Section 5-115
18shall not be considered in calculating this one-year time
19period.
20(Source: P.A. 92-330, eff. 1-1-02.)
 
21    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
22    Sec. 5-45. Emergency rulemaking.
23    (a) "Emergency" means the existence of any situation that
24any agency finds reasonably constitutes a threat to the public
25interest, safety, or welfare.

 

 

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1    (b) If any agency finds that an emergency exists that
2requires adoption of a rule upon fewer days than is required by
3Section 5-40 and states in writing its reasons for that
4finding, the agency may adopt an emergency rule without prior
5notice or hearing upon filing a notice of emergency rulemaking
6with the Secretary of State under Section 5-70. The notice
7shall include the text of the emergency rule, an economic
8impact estimate for the emergency rule, and shall be published
9in the Illinois Register. Consent orders or other court orders
10adopting settlements negotiated by an agency may be adopted
11under this Section. Subject to applicable constitutional or
12statutory provisions, an emergency rule becomes effective
13immediately upon filing under Section 5-65 or at a stated date
14less than 10 days thereafter. The agency's finding and a
15statement of the specific reasons for the finding shall be
16filed with the rule. The agency shall take reasonable and
17appropriate measures to make emergency rules known to the
18persons who may be affected by them.
19    (c) An emergency rule may be effective for a period of not
20longer than 150 days, but the agency's authority to adopt an
21identical rule under Section 5-40 is not precluded. No
22emergency rule may be adopted more than once in any 24-month
23period, except that this limitation on the number of emergency
24rules that may be adopted in a 24-month period does not apply
25to (i) emergency rules that make additions to and deletions
26from the Drug Manual under Section 5-5.16 of the Illinois

 

 

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1Public Aid Code or the generic drug formulary under Section
23.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
3emergency rules adopted by the Pollution Control Board before
4July 1, 1997 to implement portions of the Livestock Management
5Facilities Act, (iii) emergency rules adopted by the Illinois
6Department of Public Health under subsections (a) through (i)
7of Section 2 of the Department of Public Health Act when
8necessary to protect the public's health, (iv) emergency rules
9adopted pursuant to subsection (n) of this Section, (v)
10emergency rules adopted pursuant to subsection (o) of this
11Section, or (vi) emergency rules adopted pursuant to subsection
12(c-5) of this Section. Two or more emergency rules having
13substantially the same purpose and effect shall be deemed to be
14a single rule for purposes of this Section.
15    (c-3) Notwithstanding any provision to the contrary, any
16emergency rule adopted under this Section estimated as provided
17under subsection (g) of Section 5-100 to generate compliance
18and implementation costs of $10,000,000 or more over the term
19of the emergency rule shall be automatically suspended until
20otherwise authorized by legislation passed by both houses of
21the General Assembly and signed by the Governor. Upon the
22signing of authorizing legislation under this subsection
23(c-3), the Governor shall provide the Secretary of State Index
24Department with a copy of the legislation, and the suspension
25of the emergency rule shall be rescinded.
26    (c-5) To facilitate the maintenance of the program of group

 

 

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1health benefits provided to annuitants, survivors, and retired
2employees under the State Employees Group Insurance Act of
31971, rules to alter the contributions to be paid by the State,
4annuitants, survivors, retired employees, or any combination
5of those entities, for that program of group health benefits,
6shall be adopted as emergency rules. The adoption of those
7rules shall be considered an emergency and necessary for the
8public interest, safety, and welfare.
9    (d) In order to provide for the expeditious and timely
10implementation of the State's fiscal year 1999 budget,
11emergency rules to implement any provision of Public Act 90-587
12or 90-588 or any other budget initiative for fiscal year 1999
13may be adopted in accordance with this Section by the agency
14charged with administering that provision or initiative,
15except that the 24-month limitation on the adoption of
16emergency rules and the provisions of Sections 5-115 and 5-125
17do not apply to rules adopted under this subsection (d). The
18adoption of emergency rules authorized by this subsection (d)
19shall be deemed to be necessary for the public interest,
20safety, and welfare.
21    (e) In order to provide for the expeditious and timely
22implementation of the State's fiscal year 2000 budget,
23emergency rules to implement any provision of Public Act 91-24
24or any other budget initiative for fiscal year 2000 may be
25adopted in accordance with this Section by the agency charged
26with administering that provision or initiative, except that

 

 

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1the 24-month limitation on the adoption of emergency rules and
2the provisions of Sections 5-115 and 5-125 do not apply to
3rules adopted under this subsection (e). The adoption of
4emergency rules authorized by this subsection (e) shall be
5deemed to be necessary for the public interest, safety, and
6welfare.
7    (f) In order to provide for the expeditious and timely
8implementation of the State's fiscal year 2001 budget,
9emergency rules to implement any provision of Public Act 91-712
10or any other budget initiative for fiscal year 2001 may be
11adopted in accordance with this Section by the agency charged
12with administering that provision or initiative, except that
13the 24-month limitation on the adoption of emergency rules and
14the provisions of Sections 5-115 and 5-125 do not apply to
15rules adopted under this subsection (f). The adoption of
16emergency rules authorized by this subsection (f) shall be
17deemed to be necessary for the public interest, safety, and
18welfare.
19    (g) In order to provide for the expeditious and timely
20implementation of the State's fiscal year 2002 budget,
21emergency rules to implement any provision of Public Act 92-10
22or any other budget initiative for fiscal year 2002 may be
23adopted in accordance with this Section by the agency charged
24with administering that provision or initiative, except that
25the 24-month limitation on the adoption of emergency rules and
26the provisions of Sections 5-115 and 5-125 do not apply to

 

 

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1rules adopted under this subsection (g). The adoption of
2emergency rules authorized by this subsection (g) shall be
3deemed to be necessary for the public interest, safety, and
4welfare.
5    (h) In order to provide for the expeditious and timely
6implementation of the State's fiscal year 2003 budget,
7emergency rules to implement any provision of Public Act 92-597
8or any other budget initiative for fiscal year 2003 may be
9adopted in accordance with this Section by the agency charged
10with administering that provision or initiative, except that
11the 24-month limitation on the adoption of emergency rules and
12the provisions of Sections 5-115 and 5-125 do not apply to
13rules adopted under this subsection (h). The adoption of
14emergency rules authorized by this subsection (h) shall be
15deemed to be necessary for the public interest, safety, and
16welfare.
17    (i) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 2004 budget,
19emergency rules to implement any provision of Public Act 93-20
20or any other budget initiative for fiscal year 2004 may be
21adopted in accordance with this Section by the agency charged
22with administering that provision or initiative, except that
23the 24-month limitation on the adoption of emergency rules and
24the provisions of Sections 5-115 and 5-125 do not apply to
25rules adopted under this subsection (i). The adoption of
26emergency rules authorized by this subsection (i) shall be

 

 

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1deemed to be necessary for the public interest, safety, and
2welfare.
3    (j) In order to provide for the expeditious and timely
4implementation of the provisions of the State's fiscal year
52005 budget as provided under the Fiscal Year 2005 Budget
6Implementation (Human Services) Act, emergency rules to
7implement any provision of the Fiscal Year 2005 Budget
8Implementation (Human Services) Act may be adopted in
9accordance with this Section by the agency charged with
10administering that provision, except that the 24-month
11limitation on the adoption of emergency rules and the
12provisions of Sections 5-115 and 5-125 do not apply to rules
13adopted under this subsection (j). The Department of Public Aid
14may also adopt rules under this subsection (j) necessary to
15administer the Illinois Public Aid Code and the Children's
16Health Insurance Program Act. The adoption of emergency rules
17authorized by this subsection (j) shall be deemed to be
18necessary for the public interest, safety, and welfare.
19    (k) In order to provide for the expeditious and timely
20implementation of the provisions of the State's fiscal year
212006 budget, emergency rules to implement any provision of
22Public Act 94-48 or any other budget initiative for fiscal year
232006 may be adopted in accordance with this Section by the
24agency charged with administering that provision or
25initiative, except that the 24-month limitation on the adoption
26of emergency rules and the provisions of Sections 5-115 and

 

 

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15-125 do not apply to rules adopted under this subsection (k).
2The Department of Healthcare and Family Services may also adopt
3rules under this subsection (k) necessary to administer the
4Illinois Public Aid Code, the Senior Citizens and Persons with
5Disabilities Property Tax Relief Act, the Senior Citizens and
6Disabled Persons Prescription Drug Discount Program Act (now
7the Illinois Prescription Drug Discount Program Act), and the
8Children's Health Insurance Program Act. The adoption of
9emergency rules authorized by this subsection (k) shall be
10deemed to be necessary for the public interest, safety, and
11welfare.
12    (l) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142007 budget, the Department of Healthcare and Family Services
15may adopt emergency rules during fiscal year 2007, including
16rules effective July 1, 2007, in accordance with this
17subsection to the extent necessary to administer the
18Department's responsibilities with respect to amendments to
19the State plans and Illinois waivers approved by the federal
20Centers for Medicare and Medicaid Services necessitated by the
21requirements of Title XIX and Title XXI of the federal Social
22Security Act. The adoption of emergency rules authorized by
23this subsection (l) shall be deemed to be necessary for the
24public interest, safety, and welfare.
25    (m) In order to provide for the expeditious and timely
26implementation of the provisions of the State's fiscal year

 

 

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12008 budget, the Department of Healthcare and Family Services
2may adopt emergency rules during fiscal year 2008, including
3rules effective July 1, 2008, in accordance with this
4subsection to the extent necessary to administer the
5Department's responsibilities with respect to amendments to
6the State plans and Illinois waivers approved by the federal
7Centers for Medicare and Medicaid Services necessitated by the
8requirements of Title XIX and Title XXI of the federal Social
9Security Act. The adoption of emergency rules authorized by
10this subsection (m) shall be deemed to be necessary for the
11public interest, safety, and welfare.
12    (n) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142010 budget, emergency rules to implement any provision of
15Public Act 96-45 or any other budget initiative authorized by
16the 96th General Assembly for fiscal year 2010 may be adopted
17in accordance with this Section by the agency charged with
18administering that provision or initiative. The adoption of
19emergency rules authorized by this subsection (n) shall be
20deemed to be necessary for the public interest, safety, and
21welfare. The rulemaking authority granted in this subsection
22(n) shall apply only to rules promulgated during Fiscal Year
232010.
24    (o) In order to provide for the expeditious and timely
25implementation of the provisions of the State's fiscal year
262011 budget, emergency rules to implement any provision of

 

 

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1Public Act 96-958 or any other budget initiative authorized by
2the 96th General Assembly for fiscal year 2011 may be adopted
3in accordance with this Section by the agency charged with
4administering that provision or initiative. The adoption of
5emergency rules authorized by this subsection (o) is deemed to
6be necessary for the public interest, safety, and welfare. The
7rulemaking authority granted in this subsection (o) applies
8only to rules promulgated on or after July 1, 2010 (the
9effective date of Public Act 96-958) through June 30, 2011.
10    (p) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 97-689,
12emergency rules to implement any provision of Public Act 97-689
13may be adopted in accordance with this subsection (p) by the
14agency charged with administering that provision or
15initiative. The 150-day limitation of the effective period of
16emergency rules does not apply to rules adopted under this
17subsection (p), and the effective period may continue through
18June 30, 2013. The 24-month limitation on the adoption of
19emergency rules does not apply to rules adopted under this
20subsection (p). The adoption of emergency rules authorized by
21this subsection (p) is deemed to be necessary for the public
22interest, safety, and welfare.
23    (q) In order to provide for the expeditious and timely
24implementation of the provisions of Articles 7, 8, 9, 11, and
2512 of Public Act 98-104, emergency rules to implement any
26provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104

 

 

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1may be adopted in accordance with this subsection (q) by the
2agency charged with administering that provision or
3initiative. The 24-month limitation on the adoption of
4emergency rules does not apply to rules adopted under this
5subsection (q). The adoption of emergency rules authorized by
6this subsection (q) is deemed to be necessary for the public
7interest, safety, and welfare.
8    (r) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 98-651,
10emergency rules to implement Public Act 98-651 may be adopted
11in accordance with this subsection (r) by the Department of
12Healthcare and Family Services. The 24-month limitation on the
13adoption of emergency rules does not apply to rules adopted
14under this subsection (r). The adoption of emergency rules
15authorized by this subsection (r) is deemed to be necessary for
16the public interest, safety, and welfare.
17    (s) In order to provide for the expeditious and timely
18implementation of the provisions of Sections 5-5b.1 and 5A-2 of
19the Illinois Public Aid Code, emergency rules to implement any
20provision of Section 5-5b.1 or Section 5A-2 of the Illinois
21Public Aid Code may be adopted in accordance with this
22subsection (s) by the Department of Healthcare and Family
23Services. The rulemaking authority granted in this subsection
24(s) shall apply only to those rules adopted prior to July 1,
252015. Notwithstanding any other provision of this Section, any
26emergency rule adopted under this subsection (s) shall only

 

 

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1apply to payments made for State fiscal year 2015. The adoption
2of emergency rules authorized by this subsection (s) is deemed
3to be necessary for the public interest, safety, and welfare.
4    (t) In order to provide for the expeditious and timely
5implementation of the provisions of Article II of Public Act
699-6, emergency rules to implement the changes made by Article
7II of Public Act 99-6 to the Emergency Telephone System Act may
8be adopted in accordance with this subsection (t) by the
9Department of State Police. The rulemaking authority granted in
10this subsection (t) shall apply only to those rules adopted
11prior to July 1, 2016. The 24-month limitation on the adoption
12of emergency rules does not apply to rules adopted under this
13subsection (t). The adoption of emergency rules authorized by
14this subsection (t) is deemed to be necessary for the public
15interest, safety, and welfare.
16    (u) In order to provide for the expeditious and timely
17implementation of the provisions of the Burn Victims Relief
18Act, emergency rules to implement any provision of the Act may
19be adopted in accordance with this subsection (u) by the
20Department of Insurance. The rulemaking authority granted in
21this subsection (u) shall apply only to those rules adopted
22prior to December 31, 2015. The adoption of emergency rules
23authorized by this subsection (u) is deemed to be necessary for
24the public interest, safety, and welfare.
25    (v) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 99-516,

 

 

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1emergency rules to implement Public Act 99-516 may be adopted
2in accordance with this subsection (v) by the Department of
3Healthcare and Family Services. The 24-month limitation on the
4adoption of emergency rules does not apply to rules adopted
5under this subsection (v). The adoption of emergency rules
6authorized by this subsection (v) is deemed to be necessary for
7the public interest, safety, and welfare.
8    (w) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 99-796,
10emergency rules to implement the changes made by Public Act
1199-796 may be adopted in accordance with this subsection (w) by
12the Adjutant General. The adoption of emergency rules
13authorized by this subsection (w) is deemed to be necessary for
14the public interest, safety, and welfare.
15    (x) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 99-906,
17emergency rules to implement subsection (i) of Section 16-115D,
18subsection (g) of Section 16-128A, and subsection (a) of
19Section 16-128B of the Public Utilities Act may be adopted in
20accordance with this subsection (x) by the Illinois Commerce
21Commission. The rulemaking authority granted in this
22subsection (x) shall apply only to those rules adopted within
23180 days after June 1, 2017 (the effective date of Public Act
2499-906). The adoption of emergency rules authorized by this
25subsection (x) is deemed to be necessary for the public
26interest, safety, and welfare.

 

 

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1    (y) In order to provide for the expeditious and timely
2implementation of the provisions of Public Act 100-23 this
3amendatory Act of the 100th General Assembly, emergency rules
4to implement the changes made by Public Act 100-23 this
5amendatory Act of the 100th General Assembly to Section 4.02 of
6the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the
7Illinois Public Aid Code, Section 55-30 of the Alcoholism and
8Other Drug Abuse and Dependency Act, and Sections 74 and 75 of
9the Mental Health and Developmental Disabilities
10Administrative Act may be adopted in accordance with this
11subsection (y) by the respective Department. The adoption of
12emergency rules authorized by this subsection (y) is deemed to
13be necessary for the public interest, safety, and welfare.
14    (z) In order to provide for the expeditious and timely
15implementation of the provisions of Public Act 100-554 this
16amendatory Act of the 100th General Assembly, emergency rules
17to implement the changes made by Public Act 100-554 this
18amendatory Act of the 100th General Assembly to Section 4.7 of
19the Lobbyist Registration Act may be adopted in accordance with
20this subsection (z) by the Secretary of State. The adoption of
21emergency rules authorized by this subsection (z) is deemed to
22be necessary for the public interest, safety, and welfare.
23    (aa) In order to provide for the expeditious and timely
24initial implementation of the changes made to Articles 5, 5A,
2512, and 14 of the Illinois Public Aid Code under the provisions
26of Public Act 100-581 this amendatory Act of the 100th General

 

 

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1Assembly, the Department of Healthcare and Family Services may
2adopt emergency rules in accordance with this subsection (aa).
3The 24-month limitation on the adoption of emergency rules does
4not apply to rules to initially implement the changes made to
5Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code
6adopted under this subsection (aa). The adoption of emergency
7rules authorized by this subsection (aa) is deemed to be
8necessary for the public interest, safety, and welfare.
9    (bb) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 100-587 this
11amendatory Act of the 100th General Assembly, emergency rules
12to implement the changes made by Public Act 100-587 this
13amendatory Act of the 100th General Assembly to Section 4.02 of
14the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the
15Illinois Public Aid Code, subsection (b) of Section 55-30 of
16the Alcoholism and Other Drug Abuse and Dependency Act, Section
175-104 of the Specialized Mental Health Rehabilitation Act of
182013, and Section 75 and subsection (b) of Section 74 of the
19Mental Health and Developmental Disabilities Administrative
20Act may be adopted in accordance with this subsection (bb) by
21the respective Department. The adoption of emergency rules
22authorized by this subsection (bb) is deemed to be necessary
23for the public interest, safety, and welfare.
24    (cc) (bb) In order to provide for the expeditious and
25timely implementation of the provisions of Public Act 100-587
26this amendatory Act of the 100th General Assembly, emergency

 

 

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1rules may be adopted in accordance with this subsection (cc)
2(bb) to implement the changes made by Public Act 100-587 this
3amendatory Act of the 100th General Assembly to: Sections
414-147.5 and 14-147.6 of the Illinois Pension Code by the Board
5created under Article 14 of the Code; Sections 15-185.5 and
615-185.6 of the Illinois Pension Code by the Board created
7under Article 15 of the Code; and Sections 16-190.5 and
816-190.6 of the Illinois Pension Code by the Board created
9under Article 16 of the Code. The adoption of emergency rules
10authorized by this subsection (cc) (bb) is deemed to be
11necessary for the public interest, safety, and welfare.
12    (dd) (aa) In order to provide for the expeditious and
13timely implementation of the provisions of Public Act 100-864
14this amendatory Act of the 100th General Assembly, emergency
15rules to implement the changes made by Public Act 100-864 this
16amendatory Act of the 100th General Assembly to Section 3.35 of
17the Newborn Metabolic Screening Act may be adopted in
18accordance with this subsection (dd) (aa) by the Secretary of
19State. The adoption of emergency rules authorized by this
20subsection (dd) (aa) is deemed to be necessary for the public
21interest, safety, and welfare.
22(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
23eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
2499-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
25100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
263-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18;

 

 

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1100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff.
28-14-18; revised 10-18-18.)
 
3    (5 ILCS 100/5-100)  (from Ch. 127, par. 1005-100)
4    Sec. 5-100. Powers of the Joint Committee. The Joint
5Committee shall have the following powers under this Act:
6    (a) The function of the Joint Committee shall be the
7promotion of adequate and proper rules by agencies and an
8understanding on the part of the public respecting those rules.
9This function shall be advisory only, except as provided in
10Sections 5-115 and 5-125.
11    (b) The Joint Committee may undertake studies and
12investigations concerning rulemaking and agency rules.
13    (c) The Joint Committee shall monitor and investigate
14agencies' compliance with the provisions of this Act, make
15periodic investigations of the rulemaking activities of all
16agencies, and evaluate and report on all rules in terms of
17their propriety, legal adequacy, relation to statutory
18authorization, economic and budgetary effects, and public
19policy.
20    (d) Hearings and investigations conducted by the Joint
21Committee under this Act may be held at times and places within
22the State as the Committee deems necessary.
23    (e) The Joint Committee may request from any agency an
24analysis of the following:
25        (1) The effect of a new rule, amendment, or repealer,

 

 

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1    including any direct economic effect on the persons
2    regulated by the rule; any anticipated effect on the
3    proposing agency's budget and the budgets of other State
4    agencies; and any anticipated effects on State revenues.
5        (2) The agency's evaluation of the submissions
6    presented to the agency under Section 5-40.
7        (3) A description of any modifications from the
8    initially published proposal made in the finally accepted
9    version of the intended rule, amendment, or repealer.
10        (4) The agency's justification and rationale for the
11    intended rule, amendment, or repealer.
12    (f) Failure of the Joint Committee to object to any
13proposed rule, amendment, or repealer or any existing rule
14shall not be construed as implying direct or indirect approval
15of the rule or proposed rule, amendment, or repealer by the
16Joint Committee or the General Assembly.
17    (g) In addition to other estimates which may be provided,
18the Joint Committee may request the Auditor General to perform
19an independent estimate before or during the second notice
20period to assess the cost of a proposed rule or amendment, or
21to assess the cost of an emergency rule after its adoption. The
22Joint Committee shall use such estimates in determining whether
23to prohibit a proposed rule or amendment to a rule under
24subsection (c-5) of Section 5-40 or to suspend an emergency
25rule under subsection (c-3) of Section 5-45.
26(Source: P.A. 87-823.)
 

 

 

HB0935- 31 -LRB101 07129 RJF 52167 b

1    (5 ILCS 100/5-115)  (from Ch. 127, par. 1005-115)
2    Sec. 5-115. Other action by the Joint Committee.
3    (a) If the Joint Committee determines that the adoption and
4effectiveness of a proposed rule, amendment, or repealer or
5portion of a proposed rule, amendment, or repealer by an agency
6would be objectionable under any of the standards for the Joint
7Committee's review specified in Section 5-100, 5-105, 5-110,
85-120, or 5-130 and would constitute a serious threat to the
9public interest, safety, or welfare, the Joint Committee may
10issue a statement to that effect at any time before the
11proposed rule, amendment, or repealer takes effect. The
12statement may be issued by the Joint Committee only upon the
13affirmative vote of three-fifths of the members appointed to
14the Joint Committee. The Joint Committee, however, may withdraw
15a statement within 180 days after it is issued upon the
16affirmative vote of a majority of the members appointed to the
17Joint Committee. A certified copy of each statement and
18withdrawal shall be transmitted to the proposing agency and to
19the Secretary of State for publication in the next available
20issue of the Illinois Register.
21    (a-5) Notwithstanding the provisions of subsection (a), if
22a proposed rule or amendment to a rule is deemed objectionable
23under subsection (c-5) of Section 5-40, the Joint Committee
24shall issue a statement to that effect any time before the
25proposed rule or amendment takes effect. The proposed rule or

 

 

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1amendment deemed objectionable under this subsection (a-5)
2shall remain prohibited until otherwise authorized by
3legislation passed by both houses of the General Assembly and
4signed by the Governor as provided under subsection (c-5). A
5certified copy of each statement shall be transmitted to the
6proposing agency and to the Secretary of State for publication
7in the next available issue of the Illinois Register.
8    (b) The proposed rule, amendment, or repealer or the
9portion of the proposed rule, amendment, or repealer to which
10the Joint Committee has issued a statement under subsection (a)
11or (a-5) shall not be accepted for filing by the Secretary of
12State and shall not take effect unless the statement is
13withdrawn, or a joint resolution is passed as provided in
14subsection (c), or legislation is passed as provided under
15subsection (c-5). The agency may not enforce or invoke for any
16reason a proposed rule, amendment, or repealer or any portion
17thereof that is prohibited from being filed by this subsection.
18    (c) After the issuance of a statement under subsection (a),
19any member of the General Assembly may introduce in the General
20Assembly a joint resolution stating that the General Assembly
21desires to discontinue the prohibition against the proposed
22rule, amendment, or repealer or the portion thereof to which
23the statement was issued being filed and taking effect. If the
24joint resolution is not passed by both houses of the General
25Assembly within 180 days after receipt of the statement by the
26Secretary of State or the statement is not withdrawn as

 

 

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1provided in subsection (a), the agency shall be prohibited from
2filing the proposed rule, amendment, or repealer or the portion
3thereof and the proposed rule, amendment, or repealer or the
4portion thereof shall not take effect. The Secretary of State
5shall not accept for filing the proposed rule, amendment, or
6repealer or the portion thereof with respect to which the Joint
7Committee has issued a statement under subsection (a) unless
8that statement is withdrawn or a joint resolution is passed as
9provided in this subsection. If the 180-day period expires
10before passage of the joint resolution, the agency may not file
11the proposed rule, amendment, or repealer or the portion
12thereof as adopted and it shall not take effect.
13    (c-5) After the issuance of a statement under subsection
14(a-5), any member of the General Assembly may introduce a bill
15stating that the General Assembly desires to discontinue the
16prohibition against the proposed rule or amendment, and
17authorize the terms of the proposed rule or amendment despite
18its objectionable nature. If the bill is not passed by both
19houses of the General Assembly within 180 days after receipt of
20the statement by the Secretary of State, and then signed by the
21Governor thereafter, the agency shall be prohibited from filing
22the proposed rule or amendment, and the proposed rule or
23amendment shall not take effect. The Secretary of State shall
24not accept for filing the proposed rule or amendment with
25respect to which the Joint Committee has issued a statement
26under subsection (a-5) unless authorizing legislation is

 

 

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1passed as provided in this subsection (c-5). If the 180-day
2period expires before passage of the bill through both houses,
3the agency may not file the proposed rule or amendment, and it
4shall not take effect. Upon the signing of authorizing
5legislation under this subsection (c-5), the Governor shall
6provide the Secretary of State Index Department with a copy of
7the legislation, and the agency shall then be authorized to
8file the proposed rule or amendment, and it shall be allowed to
9take effect.
10    (d) If a statement is issued under this Section, then, in
11response to an objection or suggestion of the Joint Committee,
12the agency may propose changes to the proposed rule, amendment,
13or repealer or portion of a proposed rule, amendment, or
14repealer. If the agency proposes changes, it must provide
15additional notice to the Joint Committee under the same terms
16and conditions and shall be subject to the same requirements
17and limitations as those set forth for a second notice period
18under subsection (c) of Section 5-40.
19(Source: P.A. 93-1035, eff. 9-10-04; 93-1074, eff. 1-18-05.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 100/5-30from Ch. 127, par. 1005-30
4    5 ILCS 100/5-40from Ch. 127, par. 1005-40
5    5 ILCS 100/5-45from Ch. 127, par. 1005-45
6    5 ILCS 100/5-100from Ch. 127, par. 1005-100
7    5 ILCS 100/5-115from Ch. 127, par. 1005-115