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1    AN ACT concerning regulation.
 
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 5-40, 5-45, 5-50, 5-60, and 5-65
6as follows:
 
7    (5 ILCS 100/5-40)  (from Ch. 127, par. 1005-40)
8    Sec. 5-40. General rulemaking.
9    (a) In all rulemaking to which Sections 5-45 and 5-50 do
10not apply, each agency shall comply with this Section.
11    (b) Each agency shall give at least 45 days' notice of its
12intended action to the general public. This first notice
13period shall commence on the first day the notice appears in
14the Illinois Register. The first notice shall include all the
15following:
16        (1) The text of the proposed rule, the old and new
17    materials of a proposed amendment, or the text of the
18    provision to be repealed.
19        (2) The specific statutory citation upon which the
20    proposed rule, the proposed amendment to a rule, or the
21    proposed repeal of a rule is based and by which it is
22    authorized.
23        (3) A complete description of the subjects and issues

 

 

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1    involved.
2        (3.5) A descriptive title or other description of any
3    published study or research report used in developing the
4    rule, the identity of the person who performed such study,
5    and a description of where the public may obtain a copy of
6    any such study or research report. If the study was
7    performed by an agency or by a person or entity that
8    contracted with the agency for the performance of the
9    study, the agency shall also make copies of the underlying
10    data available to members of the public upon request if
11    the data are not protected from disclosure under the
12    Freedom of Information Act.
13        (4) For all proposed rules and proposed amendments to
14    rules, an initial regulatory flexibility analysis
15    containing a description of the types of small businesses
16    subject to the rule; a brief description of the proposed
17    reporting, bookkeeping, and other procedures required for
18    compliance with the rule; and a description of the types
19    of professional skills necessary for compliance.
20        (5) The time, place, and manner in which interested
21    persons may present their views and comments concerning
22    the proposed rulemaking.
23    During the first notice period, the agency shall accept
24from any interested persons data, views, arguments, or
25comments from any interested persons. The agency shall accept
26submissions in writing, including submissions by email or by

 

 

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1other publicly accessible electronic means through its
2website. In the discretion of the agency, submissions may be
3submitted orally. These may, in the discretion of the agency,
4be submitted either orally or in writing or both. The notice
5published in the Illinois Register shall indicate the manner
6selected by the agency for the submissions, including the
7email address or website address where submissions will be
8accepted. The agency shall consider all submissions received.
9    The agency shall hold a public hearing on the proposed
10rulemaking during the first notice period if (i) during the
11first notice period, the agency finds that a public hearing
12would facilitate the submission of views and comments that
13might not otherwise be submitted or (ii) the agency receives a
14request for a public hearing, within the first 14 days after
15publication of the notice of proposed rulemaking in the
16Illinois Register, from 25 interested persons, an association
17representing at least 100 interested persons, the Governor,
18the Joint Committee on Administrative Rules, or a unit of
19local government that may be affected. At the public hearing,
20the agency shall allow interested persons to present views and
21comments on the proposed rulemaking. A public hearing in
22response to a request for a hearing may not be held less than
2320 days after the publication of the notice of proposed
24rulemaking in the Illinois Register unless notice of the
25public hearing is included in the notice of proposed
26rulemaking. A public hearing on proposed rulemaking may not be

 

 

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1held less than 5 days before submission of the notice required
2under subsection (c) of this Section to the Joint Committee on
3Administrative Rules. Each agency may prescribe reasonable
4rules for the conduct of public hearings on proposed
5rulemaking to prevent undue repetition at the hearings. The
6hearings must be open to the public and recorded by
7stenographic or mechanical means. At least one agency
8representative shall be present during the hearing who is
9qualified to respond to general questions from the public
10regarding the agency's proposal and the rulemaking process.
11    (c) Each agency shall provide additional notice of the
12proposed rulemaking to the Joint Committee on Administrative
13Rules. The period commencing on the day written notice is
14received by the Joint Committee shall be known as the second
15notice period and shall expire 45 days thereafter unless
16before that time the agency and the Joint Committee have
17agreed to extend the second notice period beyond 45 days for a
18period not to exceed an additional 45 days or unless the agency
19has received a statement of objection from the Joint Committee
20or notification from the Joint Committee that no objection
21will be issued. The written notice to the Joint Committee
22shall include (i) the text and location of any changes made to
23the proposed rulemaking during the first notice period in a
24form prescribed by the Joint Committee; (ii) for all proposed
25rules and proposed amendments to rules, a final regulatory
26flexibility analysis containing a summary of issues raised by

 

 

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1small businesses during the first notice period and a
2description of actions taken on any alternatives to the
3proposed rule suggested by small businesses during the first
4notice period, including reasons for rejecting any
5alternatives not utilized; and (iii) if a written request has
6been made by the Joint Committee within 30 days after initial
7notice appears in the Illinois Register under subsection (b)
8of this Section, an analysis of the economic and budgetary
9effects of the proposed rulemaking. After commencement of the
10second notice period, no substantive change may be made to a
11proposed rulemaking unless it is made in response to an
12objection or suggestion of the Joint Committee. The agency
13shall also send a copy of the final regulatory flexibility
14analysis to each small business that has presented views or
15comments on the proposed rulemaking during the first notice
16period and to any other interested person who requests a copy.
17The agency may charge a reasonable fee for providing the
18copies to cover postage and handling costs.
19    (d) After the expiration of the second notice period,
20after notification from the Joint Committee that no objection
21will be issued, or after a response by the agency to a
22statement of objections issued by the Joint Committee,
23whichever is applicable, the agency shall file, under Section
245-65, a certified copy of each rule, modification, or repeal
25of any rule adopted by it. The copy shall be published in the
26Illinois Register. Each rule hereafter adopted under this

 

 

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1Section is effective upon filing unless a later effective date
2is required by statute or is specified in the rulemaking.
3    (e) No rule or modification or repeal of any rule may be
4adopted, or filed with the Secretary of State, more than one
5year after the date the first notice period for the rulemaking
6under subsection (b) commenced. Any period during which the
7rulemaking is prohibited from being filed under Section 5-115
8shall not be considered in calculating this one-year time
9period.
10(Source: P.A. 92-330, eff. 1-1-02.)
 
11    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
12    Sec. 5-45. Emergency rulemaking.
13    (a) "Emergency" means the existence of any situation that
14any agency finds reasonably constitutes a threat to the public
15interest, safety, or welfare.
16    (b) If any agency finds that an emergency exists that
17requires adoption of a rule upon fewer days than is required by
18Section 5-40 and states in writing its reasons for that
19finding, the agency may adopt an emergency rule without prior
20notice or hearing upon filing a notice of emergency rulemaking
21with the Secretary of State under Section 5-70. The notice
22shall include the text of the emergency rule and shall be
23published in the Illinois Register. Consent orders or other
24court orders adopting settlements negotiated by an agency may
25be adopted under this Section. Subject to applicable

 

 

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1constitutional or statutory provisions, an emergency rule
2becomes effective immediately upon filing under Section 5-65
3or at a stated date less than 10 days thereafter. The agency's
4finding and a statement of the specific reasons for the
5finding shall be filed with the rule. The agency shall take
6reasonable and appropriate measures to make emergency rules
7known to the persons who may be affected by them. The agency
8shall accept data, views, arguments, or comments regarding the
9emergency rulemaking from any interested persons. The agency
10shall accept submissions in writing, including submissions by
11email or by other publicly accessible electronic means through
12its website. In the discretion of the agency, submissions may
13be submitted orally. The notice published in the Illinois
14Register shall indicate the manner selected by the agency for
15the submissions, including the email address or website
16address where submissions will be accepted. The agency shall
17consider all submissions received.
18    (c) An emergency rule may be effective for a period of not
19longer than 150 days, but the agency's authority to adopt an
20identical rule under Section 5-40 is not precluded. No
21emergency rule may be adopted more than once in any 24-month
22period, except that this limitation on the number of emergency
23rules that may be adopted in a 24-month period does not apply
24to (i) emergency rules that make additions to and deletions
25from the Drug Manual under Section 5-5.16 of the Illinois
26Public Aid Code or the generic drug formulary under Section

 

 

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13.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
2emergency rules adopted by the Pollution Control Board before
3July 1, 1997 to implement portions of the Livestock Management
4Facilities Act, (iii) emergency rules adopted by the Illinois
5Department of Public Health under subsections (a) through (i)
6of Section 2 of the Department of Public Health Act when
7necessary to protect the public's health, (iv) emergency rules
8adopted pursuant to subsection (n) of this Section, (v)
9emergency rules adopted pursuant to subsection (o) of this
10Section, or (vi) emergency rules adopted pursuant to
11subsection (c-5) of this Section. Two or more emergency rules
12having substantially the same purpose and effect shall be
13deemed to be a single rule for purposes of this Section.
14    (c-5) To facilitate the maintenance of the program of
15group health benefits provided to annuitants, survivors, and
16retired employees under the State Employees Group Insurance
17Act of 1971, rules to alter the contributions to be paid by the
18State, annuitants, survivors, retired employees, or any
19combination of those entities, for that program of group
20health benefits, shall be adopted as emergency rules. The
21adoption of those rules shall be considered an emergency and
22necessary for the public interest, safety, and welfare.
23    (d) In order to provide for the expeditious and timely
24implementation of the State's fiscal year 1999 budget,
25emergency rules to implement any provision of Public Act
2690-587 or 90-588 or any other budget initiative for fiscal

 

 

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1year 1999 may be adopted in accordance with this Section by the
2agency charged with administering that provision or
3initiative, except that the 24-month limitation on the
4adoption of emergency rules and the provisions of Sections
55-115 and 5-125 do not apply to rules adopted under this
6subsection (d). The adoption of emergency rules authorized by
7this subsection (d) shall be deemed to be necessary for the
8public interest, safety, and welfare.
9    (e) In order to provide for the expeditious and timely
10implementation of the State's fiscal year 2000 budget,
11emergency rules to implement any provision of Public Act 91-24
12or any other budget initiative for fiscal year 2000 may be
13adopted in accordance with this Section by the agency charged
14with administering that provision or initiative, except that
15the 24-month limitation on the adoption of emergency rules and
16the provisions of Sections 5-115 and 5-125 do not apply to
17rules adopted under this subsection (e). The adoption of
18emergency rules authorized by this subsection (e) shall be
19deemed to be necessary for the public interest, safety, and
20welfare.
21    (f) In order to provide for the expeditious and timely
22implementation of the State's fiscal year 2001 budget,
23emergency rules to implement any provision of Public Act
2491-712 or any other budget initiative for fiscal year 2001 may
25be adopted in accordance with this Section by the agency
26charged with administering that provision or initiative,

 

 

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1except that the 24-month limitation on the adoption of
2emergency rules and the provisions of Sections 5-115 and 5-125
3do not apply to rules adopted under this subsection (f). The
4adoption of emergency rules authorized by this subsection (f)
5shall be deemed to be necessary for the public interest,
6safety, and welfare.
7    (g) In order to provide for the expeditious and timely
8implementation of the State's fiscal year 2002 budget,
9emergency rules to implement any provision of Public Act 92-10
10or any other budget initiative for fiscal year 2002 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 (g). The adoption of
16emergency rules authorized by this subsection (g) shall be
17deemed to be necessary for the public interest, safety, and
18welfare.
19    (h) In order to provide for the expeditious and timely
20implementation of the State's fiscal year 2003 budget,
21emergency rules to implement any provision of Public Act
2292-597 or any other budget initiative for fiscal year 2003 may
23be adopted in accordance with this Section by the agency
24charged with administering that provision or initiative,
25except that the 24-month limitation on the adoption of
26emergency rules and the provisions of Sections 5-115 and 5-125

 

 

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1do not apply to rules adopted under this subsection (h). The
2adoption of emergency rules authorized by this subsection (h)
3shall be deemed to be necessary for the public interest,
4safety, and welfare.
5    (i) In order to provide for the expeditious and timely
6implementation of the State's fiscal year 2004 budget,
7emergency rules to implement any provision of Public Act 93-20
8or any other budget initiative for fiscal year 2004 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 (i). The adoption of
14emergency rules authorized by this subsection (i) shall be
15deemed to be necessary for the public interest, safety, and
16welfare.
17    (j) In order to provide for the expeditious and timely
18implementation of the provisions of the State's fiscal year
192005 budget as provided under the Fiscal Year 2005 Budget
20Implementation (Human Services) Act, emergency rules to
21implement any provision of the Fiscal Year 2005 Budget
22Implementation (Human Services) Act may be adopted in
23accordance with this Section by the agency charged with
24administering that provision, except that the 24-month
25limitation on the adoption of emergency rules and the
26provisions of Sections 5-115 and 5-125 do not apply to rules

 

 

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1adopted under this subsection (j). The Department of Public
2Aid may also adopt rules under this subsection (j) necessary
3to administer the Illinois Public Aid Code and the Children's
4Health Insurance Program Act. The adoption of emergency rules
5authorized by this subsection (j) shall be deemed to be
6necessary for the public interest, safety, and welfare.
7    (k) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92006 budget, emergency rules to implement any provision of
10Public Act 94-48 or any other budget initiative for fiscal
11year 2006 may be adopted in accordance with this Section by the
12agency charged with administering that provision or
13initiative, except that the 24-month limitation on the
14adoption of emergency rules and the provisions of Sections
155-115 and 5-125 do not apply to rules adopted under this
16subsection (k). The Department of Healthcare and Family
17Services may also adopt rules under this subsection (k)
18necessary to administer the Illinois Public Aid Code, the
19Senior Citizens and Persons with Disabilities Property Tax
20Relief Act, the Senior Citizens and Disabled Persons
21Prescription Drug Discount Program Act (now the Illinois
22Prescription Drug Discount Program Act), and the Children's
23Health Insurance Program Act. The adoption of emergency rules
24authorized by this subsection (k) shall be deemed to be
25necessary for the public interest, safety, and welfare.
26    (l) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the State's fiscal year
22007 budget, the Department of Healthcare and Family Services
3may adopt emergency rules during fiscal year 2007, including
4rules effective July 1, 2007, in accordance with this
5subsection to the extent necessary to administer the
6Department's responsibilities with respect to amendments to
7the State plans and Illinois waivers approved by the federal
8Centers for Medicare and Medicaid Services necessitated by the
9requirements of Title XIX and Title XXI of the federal Social
10Security Act. The adoption of emergency rules authorized by
11this subsection (l) shall be deemed to be necessary for the
12public interest, safety, and welfare.
13    (m) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152008 budget, the Department of Healthcare and Family Services
16may adopt emergency rules during fiscal year 2008, including
17rules effective July 1, 2008, in accordance with this
18subsection to the extent necessary to administer the
19Department's responsibilities with respect to amendments to
20the State plans and Illinois waivers approved by the federal
21Centers for Medicare and Medicaid Services necessitated by the
22requirements of Title XIX and Title XXI of the federal Social
23Security Act. The adoption of emergency rules authorized by
24this subsection (m) shall be deemed to be necessary for the
25public interest, safety, and welfare.
26    (n) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the State's fiscal year
22010 budget, emergency rules to implement any provision of
3Public Act 96-45 or any other budget initiative authorized by
4the 96th General Assembly for fiscal year 2010 may be adopted
5in accordance with this Section by the agency charged with
6administering that provision or initiative. The adoption of
7emergency rules authorized by this subsection (n) shall be
8deemed to be necessary for the public interest, safety, and
9welfare. The rulemaking authority granted in this subsection
10(n) shall apply only to rules promulgated during Fiscal Year
112010.
12    (o) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142011 budget, emergency rules to implement any provision of
15Public Act 96-958 or any other budget initiative authorized by
16the 96th General Assembly for fiscal year 2011 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 (o) is deemed to
20be necessary for the public interest, safety, and welfare. The
21rulemaking authority granted in this subsection (o) applies
22only to rules promulgated on or after July 1, 2010 (the
23effective date of Public Act 96-958) through June 30, 2011.
24    (p) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 97-689,
26emergency rules to implement any provision of Public Act

 

 

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197-689 may be adopted in accordance with this subsection (p)
2by the agency charged with administering that provision or
3initiative. The 150-day limitation of the effective period of
4emergency rules does not apply to rules adopted under this
5subsection (p), and the effective period may continue through
6June 30, 2013. The 24-month limitation on the adoption of
7emergency rules does not apply to rules adopted under this
8subsection (p). The adoption of emergency rules authorized by
9this subsection (p) is deemed to be necessary for the public
10interest, safety, and welfare.
11    (q) In order to provide for the expeditious and timely
12implementation of the provisions of Articles 7, 8, 9, 11, and
1312 of Public Act 98-104, emergency rules to implement any
14provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
15may be adopted in accordance with this subsection (q) by the
16agency charged with administering that provision or
17initiative. The 24-month limitation on the adoption of
18emergency rules does not apply to rules adopted under this
19subsection (q). The adoption of emergency rules authorized by
20this subsection (q) is deemed to be necessary for the public
21interest, safety, and welfare.
22    (r) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 98-651,
24emergency rules to implement Public Act 98-651 may be adopted
25in accordance with this subsection (r) by the Department of
26Healthcare and Family Services. The 24-month limitation on the

 

 

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1adoption of emergency rules does not apply to rules adopted
2under this subsection (r). The adoption of emergency rules
3authorized by this subsection (r) is deemed to be necessary
4for the public interest, safety, and welfare.
5    (s) In order to provide for the expeditious and timely
6implementation of the provisions of Sections 5-5b.1 and 5A-2
7of the Illinois Public Aid Code, emergency rules to implement
8any provision of Section 5-5b.1 or Section 5A-2 of the
9Illinois Public Aid Code may be adopted in accordance with
10this subsection (s) by the Department of Healthcare and Family
11Services. The rulemaking authority granted in this subsection
12(s) shall apply only to those rules adopted prior to July 1,
132015. Notwithstanding any other provision of this Section, any
14emergency rule adopted under this subsection (s) shall only
15apply to payments made for State fiscal year 2015. The
16adoption of emergency rules authorized by this subsection (s)
17is deemed to be necessary for the public interest, safety, and
18welfare.
19    (t) In order to provide for the expeditious and timely
20implementation of the provisions of Article II of Public Act
2199-6, emergency rules to implement the changes made by Article
22II of Public Act 99-6 to the Emergency Telephone System Act may
23be adopted in accordance with this subsection (t) by the
24Department of State Police. The rulemaking authority granted
25in this subsection (t) shall apply only to those rules adopted
26prior to July 1, 2016. The 24-month limitation on the adoption

 

 

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1of emergency rules does not apply to rules adopted under this
2subsection (t). The adoption of emergency rules authorized by
3this subsection (t) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (u) In order to provide for the expeditious and timely
6implementation of the provisions of the Burn Victims Relief
7Act, emergency rules to implement any provision of the Act may
8be adopted in accordance with this subsection (u) by the
9Department of Insurance. The rulemaking authority granted in
10this subsection (u) shall apply only to those rules adopted
11prior to December 31, 2015. The adoption of emergency rules
12authorized by this subsection (u) is deemed to be necessary
13for the public interest, safety, and welfare.
14    (v) In order to provide for the expeditious and timely
15implementation of the provisions of Public Act 99-516,
16emergency rules to implement Public Act 99-516 may be adopted
17in accordance with this subsection (v) by the Department of
18Healthcare and Family Services. The 24-month limitation on the
19adoption of emergency rules does not apply to rules adopted
20under this subsection (v). The adoption of emergency rules
21authorized by this subsection (v) is deemed to be necessary
22for the public interest, safety, and welfare.
23    (w) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 99-796,
25emergency rules to implement the changes made by Public Act
2699-796 may be adopted in accordance with this subsection (w)

 

 

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1by the Adjutant General. The adoption of emergency rules
2authorized by this subsection (w) is deemed to be necessary
3for the public interest, safety, and welfare.
4    (x) In order to provide for the expeditious and timely
5implementation of the provisions of Public Act 99-906,
6emergency rules to implement subsection (i) of Section
716-115D, subsection (g) of Section 16-128A, and subsection (a)
8of Section 16-128B of the Public Utilities Act may be adopted
9in accordance with this subsection (x) by the Illinois
10Commerce Commission. The rulemaking authority granted in this
11subsection (x) shall apply only to those rules adopted within
12180 days after June 1, 2017 (the effective date of Public Act
1399-906). The adoption of emergency rules authorized by this
14subsection (x) is deemed to be necessary for the public
15interest, safety, and welfare.
16    (y) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 100-23,
18emergency rules to implement the changes made by Public Act
19100-23 to Section 4.02 of the Illinois Act on the Aging,
20Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
21Section 55-30 of the Alcoholism and Other Drug Abuse and
22Dependency Act, and Sections 74 and 75 of the Mental Health and
23Developmental Disabilities Administrative Act may be adopted
24in accordance with this subsection (y) by the respective
25Department. The adoption of emergency rules authorized by this
26subsection (y) is deemed to be necessary for the public

 

 

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1interest, safety, and welfare.
2    (z) In order to provide for the expeditious and timely
3implementation of the provisions of Public Act 100-554,
4emergency rules to implement the changes made by Public Act
5100-554 to Section 4.7 of the Lobbyist Registration Act may be
6adopted in accordance with this subsection (z) by the
7Secretary of State. The adoption of emergency rules authorized
8by this subsection (z) is deemed to be necessary for the public
9interest, safety, and welfare.
10    (aa) In order to provide for the expeditious and timely
11initial implementation of the changes made to Articles 5, 5A,
1212, and 14 of the Illinois Public Aid Code under the provisions
13of Public Act 100-581, the Department of Healthcare and Family
14Services may adopt emergency rules in accordance with this
15subsection (aa). The 24-month limitation on the adoption of
16emergency rules does not apply to rules to initially implement
17the changes made to Articles 5, 5A, 12, and 14 of the Illinois
18Public Aid Code adopted under this subsection (aa). The
19adoption of emergency rules authorized by this subsection (aa)
20is deemed to be necessary for the public interest, safety, and
21welfare.
22    (bb) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 100-587,
24emergency rules to implement the changes made by Public Act
25100-587 to Section 4.02 of the Illinois Act on the Aging,
26Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,

 

 

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1subsection (b) of Section 55-30 of the Alcoholism and Other
2Drug Abuse and Dependency Act, Section 5-104 of the
3Specialized Mental Health Rehabilitation Act of 2013, and
4Section 75 and subsection (b) of Section 74 of the Mental
5Health and Developmental Disabilities Administrative Act may
6be adopted in accordance with this subsection (bb) by the
7respective Department. The adoption of emergency rules
8authorized by this subsection (bb) is deemed to be necessary
9for the public interest, safety, and welfare.
10    (cc) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 100-587,
12emergency rules may be adopted in accordance with this
13subsection (cc) to implement the changes made by Public Act
14100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
15Pension Code by the Board created under Article 14 of the Code;
16Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
17the Board created under Article 15 of the Code; and Sections
1816-190.5 and 16-190.6 of the Illinois Pension Code by the
19Board created under Article 16 of the Code. The adoption of
20emergency rules authorized by this subsection (cc) is deemed
21to be necessary for the public interest, safety, and welfare.
22    (dd) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 100-864,
24emergency rules to implement the changes made by Public Act
25100-864 to Section 3.35 of the Newborn Metabolic Screening Act
26may be adopted in accordance with this subsection (dd) by the

 

 

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1Secretary of State. The adoption of emergency rules authorized
2by this subsection (dd) is deemed to be necessary for the
3public interest, safety, and welfare.
4    (ee) In order to provide for the expeditious and timely
5implementation of the provisions of Public Act 100-1172,
6emergency rules implementing the Illinois Underground Natural
7Gas Storage Safety Act may be adopted in accordance with this
8subsection by the Department of Natural Resources. The
9adoption of emergency rules authorized by this subsection is
10deemed to be necessary for the public interest, safety, and
11welfare.
12    (ff) In order to provide for the expeditious and timely
13initial implementation of the changes made to Articles 5A and
1414 of the Illinois Public Aid Code under the provisions of
15Public Act 100-1181, the Department of Healthcare and Family
16Services may on a one-time-only basis adopt emergency rules in
17accordance with this subsection (ff). The 24-month limitation
18on the adoption of emergency rules does not apply to rules to
19initially implement the changes made to Articles 5A and 14 of
20the Illinois Public Aid Code adopted under this subsection
21(ff). The adoption of emergency rules authorized by this
22subsection (ff) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (gg) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 101-1,
26emergency rules may be adopted by the Department of Labor in

 

 

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1accordance with this subsection (gg) to implement the changes
2made by Public Act 101-1 to the Minimum Wage Law. The adoption
3of emergency rules authorized by this subsection (gg) is
4deemed to be necessary for the public interest, safety, and
5welfare.
6    (hh) In order to provide for the expeditious and timely
7implementation of the provisions of Public Act 101-10,
8emergency rules may be adopted in accordance with this
9subsection (hh) to implement the changes made by Public Act
10101-10 to subsection (j) of Section 5-5.2 of the Illinois
11Public Aid Code. The adoption of emergency rules authorized by
12this subsection (hh) is deemed to be necessary for the public
13interest, safety, and welfare.
14    (ii) In order to provide for the expeditious and timely
15implementation of the provisions of Public Act 101-10,
16emergency rules to implement the changes made by Public Act
17101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
18Code may be adopted in accordance with this subsection (ii) by
19the Department of Public Health. The adoption of emergency
20rules authorized by this subsection (ii) is deemed to be
21necessary for the public interest, safety, and welfare.
22    (jj) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 101-10,
24emergency rules to implement the changes made by Public Act
25101-10 to Section 74 of the Mental Health and Developmental
26Disabilities Administrative Act may be adopted in accordance

 

 

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1with this subsection (jj) by the Department of Human Services.
2The adoption of emergency rules authorized by this subsection
3(jj) is deemed to be necessary for the public interest,
4safety, and welfare.
5    (kk) In order to provide for the expeditious and timely
6implementation of the Cannabis Regulation and Tax Act, Public
7Act 101-27, and Public Act 102-98, the Department of Revenue,
8the Department of Public Health, the Department of
9Agriculture, the Department of State Police, and the
10Department of Financial and Professional Regulation may adopt
11emergency rules in accordance with this subsection (kk). The
12rulemaking authority granted in this subsection (kk) shall
13apply only to rules adopted before December 31, 2021.
14Notwithstanding the provisions of subsection (c), emergency
15rules adopted under this subsection (kk) shall be effective
16for 180 days. The adoption of emergency rules authorized by
17this subsection (kk) is deemed to be necessary for the public
18interest, safety, and welfare.
19    (ll) In order to provide for the expeditious and timely
20implementation of the provisions of the Leveling the Playing
21Field for Illinois Retail Act, emergency rules may be adopted
22in accordance with this subsection (ll) to implement the
23changes made by the Leveling the Playing Field for Illinois
24Retail Act. The adoption of emergency rules authorized by this
25subsection (ll) is deemed to be necessary for the public
26interest, safety, and welfare.

 

 

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1    (mm) In order to provide for the expeditious and timely
2implementation of the provisions of Section 25-70 of the
3Sports Wagering Act, emergency rules to implement Section
425-70 of the Sports Wagering Act may be adopted in accordance
5with this subsection (mm) by the Department of the Lottery as
6provided in the Sports Wagering Act. The adoption of emergency
7rules authorized by this subsection (mm) is deemed to be
8necessary for the public interest, safety, and welfare.
9    (nn) In order to provide for the expeditious and timely
10implementation of the Sports Wagering Act, emergency rules to
11implement the Sports Wagering Act may be adopted in accordance
12with this subsection (nn) by the Illinois Gaming Board. The
13adoption of emergency rules authorized by this subsection (nn)
14is deemed to be necessary for the public interest, safety, and
15welfare.
16    (oo) In order to provide for the expeditious and timely
17implementation of the provisions of subsection (c) of Section
1820 of the Video Gaming Act, emergency rules to implement the
19provisions of subsection (c) of Section 20 of the Video Gaming
20Act may be adopted in accordance with this subsection (oo) by
21the Illinois Gaming Board. The adoption of emergency rules
22authorized by this subsection (oo) is deemed to be necessary
23for the public interest, safety, and welfare.
24    (pp) In order to provide for the expeditious and timely
25implementation of the provisions of Section 50 of the Sexual
26Assault Evidence Submission Act, emergency rules to implement

 

 

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1Section 50 of the Sexual Assault Evidence Submission Act may
2be adopted in accordance with this subsection (pp) by the
3Department of State Police. The adoption of emergency rules
4authorized by this subsection (pp) is deemed to be necessary
5for the public interest, safety, and welfare.
6    (qq) In order to provide for the expeditious and timely
7implementation of the provisions of the Illinois Works Jobs
8Program Act, emergency rules may be adopted in accordance with
9this subsection (qq) to implement the Illinois Works Jobs
10Program Act. The adoption of emergency rules authorized by
11this subsection (qq) is deemed to be necessary for the public
12interest, safety, and welfare.
13    (rr) In order to provide for the expeditious and timely
14implementation of the provisions of subsection (c) of Section
152-3.130 of the School Code, emergency rules to implement
16subsection (c) of Section 2-3.130 of the School Code may be
17adopted in accordance with this subsection (rr) by the State
18Board of Education. The adoption of emergency rules authorized
19by this subsection (rr) is deemed to be necessary for the
20public interest, safety, and welfare.
21(Source: P.A. 101-1, eff. 2-19-19; 101-10, Article 20, Section
2220-5, eff. 6-5-19; 101-10, Article 35, Section 35-5, eff.
236-5-19; 101-27, eff. 6-25-19; 101-31, Article 15, Section
2415-5, eff. 6-28-19; 101-31, Article 25, Section 25-900, eff.
256-28-19; 101-31, Article 35, Section 35-3, eff. 6-28-19;
26101-377, eff. 8-16-19; 101-601, eff. 12-10-19; 102-98, eff.

 

 

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17-15-21; 102-339, eff. 8-13-21; 102-813, eff. 5-13-22.)
 
2    (5 ILCS 100/5-50)  (from Ch. 127, par. 1005-50)
3    Sec. 5-50. Peremptory rulemaking. "Peremptory rulemaking"
4means any rulemaking that is required as a result of federal
5law, federal rules and regulations, an order of a court, or a
6collective bargaining agreement pursuant to subsection (d) of
7Section 1-5, under conditions that preclude compliance with
8the general rulemaking requirements imposed by Section 5-40
9and that preclude the exercise of discretion by the agency as
10to the content of the rule it is required to adopt. Peremptory
11rulemaking shall not be used to implement consent orders or
12other court orders adopting settlements negotiated by the
13agency. If any agency finds that peremptory rulemaking is
14necessary and states in writing its reasons for that finding,
15the agency may adopt peremptory rulemaking upon filing a
16notice of rulemaking with the Secretary of State under Section
175-70. The notice shall be published in the Illinois Register.
18The agency shall accept data, views, arguments, or comments
19regarding the peremptory rulemaking. The agency shall accept
20submissions in writing, including submissions by email or by
21other publicly accessible electronic means through its
22website. In the discretion of the agency, submissions may be
23submitted orally. The notice published in the Illinois
24Register shall indicate the manner selected by the agency for
25the submissions, including the email address or website

 

 

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1address where submissions will be accepted. The agency shall
2consider all submissions received. A rule adopted under the
3peremptory rulemaking provisions of this Section becomes
4effective immediately upon filing with the Secretary of State
5and in the agency's principal office, or at a date required or
6authorized by the relevant federal law, federal rules and
7regulations, or court order, as stated in the notice of
8rulemaking. Notice of rulemaking under this Section shall be
9published in the Illinois Register, shall specifically refer
10to the appropriate State or federal court order or federal
11law, rules, and regulations, and shall be in a form as the
12Secretary of State may reasonably prescribe by rule. The
13agency shall file the notice of peremptory rulemaking within
1430 days after a change in rules is required.
15    The Department of Healthcare and Family Services may adopt
16peremptory rulemaking under the terms and conditions of this
17Section to implement final payments included in a State
18Medicaid Plan Amendment approved by the Centers for Medicare
19and Medicaid Services of the United States Department of
20Health and Human Services and authorized under Section 5A-12.2
21of the Illinois Public Aid Code, and to adjust hospital
22provider assessments as Medicaid Provider-Specific Taxes
23permitted by Title XIX of the federal Social Security Act and
24authorized under Section 5A-2 of the Illinois Public Aid Code.
25(Source: P.A. 95-859, eff. 8-19-08.)
 

 

 

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1    (5 ILCS 100/5-60)  (from Ch. 127, par. 1005-60)
2    Sec. 5-60. Regulatory agenda. An agency shall submit for
3publication in the Illinois Register by January 1 and July 1 of
4each year a regulatory agenda to elicit public comments
5concerning any rule that the agency is considering proposing
6but for which no notice of proposed rulemaking activity has
7been submitted to the Illinois Register. A regulatory agenda
8shall consist of summaries of those rules. Each summary shall,
9in less than 2,000 words, contain the following when
10practicable:
11        (1) A description of the rule.
12        (2) The statutory authority the agency is exercising.
13        (3) A schedule of the dates for any hearings,
14    meetings, or other opportunities for public participation
15    in the development of the rule.
16        (4) The date the agency anticipates submitting a
17    notice of proposed rulemaking activity, if known.
18        (5) The name, address, email address, and telephone
19    number of the agency representative who is knowledgeable
20    about the rule, from whom any information may be obtained,
21    and to whom written comments may be submitted concerning
22    the rule.
23        (6) A statement whether the rule will affect small
24    businesses, not for profit corporations, or small
25    municipalities as defined in this Act.
26        (7) Any other information that may serve the public

 

 

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1    interest.
2    Nothing in this Section shall preclude an agency from
3adopting a rule that has not been summarized in a regulatory
4agenda or from adopting a rule different than one summarized
5in a regulatory agenda if in the agency head's best judgment it
6is necessary. If an agency finds that a situation exists that
7requires adoption of a rule that was not summarized on either
8of the 2 most recent regulatory agendas, it shall state its
9reasons in writing together with the facts that form their
10basis upon filing the notice of proposed rulemaking with the
11Secretary of State under Section 5-40. Nothing in this Section
12shall require an agency to adopt a rule summarized in a
13regulatory agenda. The Secretary of State shall adopt rules
14necessary for the publication of a regulatory agenda,
15including but not limited to standard submission forms and
16deadlines.
17(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
 
18    (5 ILCS 100/5-65)  (from Ch. 127, par. 1005-65)
19    Sec. 5-65. Filing of rules.
20    (a) Each agency shall file in the office of the Secretary
21of State and in the agency's principal office a certified copy
22of each rule and modification or repeal of any rule adopted by
23it. The Secretary of State and the agency shall each keep a
24permanent register of the rules open to public inspection.
25    Whenever a rule or modification or repeal of any rule is

 

 

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1filed with the Secretary of State, the Secretary shall send a
2certified copy of the rule, modification or repeal, within 3
3working days after it is filed, to the Joint Committee on
4Administrative Rules.
5    (b) Concurrent with the filing of any rule under this
6Section, the filing agency shall submit to the Secretary of
7State for publication in the next available issue of the
8Illinois Register a notice of adopted rules. The notice shall
9include the following:
10        (1) The text of the adopted rule, including the full
11    text of the new rule (if the material is a new rule), the
12    full text of the rule or rules as amended (if the material
13    is an amendment to a rule or rules), or the notice of
14    repeal (if the material is a repealer).
15        (2) The name, address, email address, and telephone
16    number of an individual who will be available to answer
17    questions and provide information to the public concerning
18    the adopted rules.
19        (3) Other information that the Secretary of State may
20    by rule require in the interest of informing the public.
21(Source: P.A. 87-823; 87-830; 87-895.)
 
22    Section 10. The Uniform Electronic Transactions Act is
23amended by changing Section 18 as follows:
 
24    (815 ILCS 333/18)

 

 

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1    Sec. 18. Acceptance and distribution of electronic records
2by governmental agencies.
3    (a) Except as otherwise provided in Section 12(f), each
4governmental agency of this State shall determine whether, and
5the extent to which, it will send and accept electronic
6records and electronic signatures to and from other persons
7and otherwise create, generate, communicate, store, process,
8use, and rely upon electronic records and electronic
9signatures.
10    (b) To the extent that a governmental agency uses
11electronic records and electronic signatures under subsection
12(a), the Department of Innovation and Technology and the
13Secretary of State, pursuant to their rulemaking authority
14under other law and giving due consideration to security,
15shall, no later than 6 months after the effective date of this
16amendatory Act of the 103rd General Assembly, adopt
17administrative rules that may specify:
18        (1) the manner and format in which the electronic
19    records must be created, generated, sent, communicated,
20    received, and stored and the systems established for those
21    purposes;
22        (2) if electronic records must be signed by electronic
23    means, the type of electronic signature required, the
24    manner and format in which the electronic signature must
25    be affixed to the electronic record, and the identity of,
26    or criteria that must be met by, any third party used by a

 

 

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1    person filing a document to facilitate the process;
2        (3) control processes and procedures as appropriate to
3    ensure adequate preservation, disposition, integrity,
4    security, confidentiality, and auditability of electronic
5    records; and
6        (4) any other required attributes for electronic
7    records which are specified for corresponding
8    nonelectronic records or reasonably necessary under the
9    circumstances.
10    (c) Except as otherwise provided in Section 12(f), this
11Act does not require a governmental agency of this State to use
12or permit the use of electronic records or electronic
13signatures.
14(Source: P.A. 102-38, eff. 6-25-21.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.