093_SB0884ham002

 










                                     LRB093 10553 NHT 16389 a

 1                    AMENDMENT TO SENATE BILL 884

 2        AMENDMENT NO.     .  Amend Senate Bill 884,  AS  AMENDED,
 3    immediately  below  the  enacting  clause,  by  inserting the
 4    following:

 5        "Section 3.  The Illinois Administrative Procedure Act is
 6    amended by changing Section 5-45 as follows:

 7        (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
 8        Sec. 5-45.  Emergency rulemaking.
 9        (a)  "Emergency" means the  existence  of  any  situation
10    that  any agency finds reasonably constitutes a threat to the
11    public interest, safety, or welfare.
12        (b)  If any agency finds that an  emergency  exists  that
13    requires  adoption of a rule upon fewer days than is required
14    by Section 5-40 and states in writing its  reasons  for  that
15    finding, the agency may adopt an emergency rule without prior
16    notice   or   hearing  upon  filing  a  notice  of  emergency
17    rulemaking with the Secretary of State  under  Section  5-70.
18    The  notice  shall include the text of the emergency rule and
19    shall be published in the Illinois Register.  Consent  orders
20    or  other  court orders adopting settlements negotiated by an
21    agency  may  be  adopted  under  this  Section.   Subject  to
22    applicable  constitutional  or   statutory   provisions,   an
 
                            -2-      LRB093 10553 NHT 16389 a
 1    emergency  rule  becomes  effective  immediately  upon filing
 2    under Section 5-65 or at a stated date  less  than  10   days
 3    thereafter.   The  agency's  finding  and  a statement of the
 4    specific reasons for the finding  shall  be  filed  with  the
 5    rule.   The  agency  shall  take  reasonable  and appropriate
 6    measures to make emergency rules known to the persons who may
 7    be affected by them.
 8        (c)  An emergency rule may be effective for a  period  of
 9    not longer than 150 days, but the agency's authority to adopt
10    an  identical  rule  under Section 5-40 is not precluded.  No
11    emergency rule may be adopted more than once in any 24  month
12    period,   except  that  this  limitation  on  the  number  of
13    emergency rules that may be adopted in a 24 month period does
14    not apply to (i) emergency rules that make additions  to  and
15    deletions  from  the  Drug Manual under Section 5-5.16 of the
16    Illinois Public Aid Code or the generic drug formulary  under
17    Section  3.14  of the Illinois Food, Drug and Cosmetic Act or
18    (ii) emergency rules adopted by the Pollution  Control  Board
19    before  July  1,  1997 to implement portions of the Livestock
20    Management Facilities  Act.   Two  or  more  emergency  rules
21    having  substantially  the  same  purpose and effect shall be
22    deemed to be a single rule for purposes of this Section.
23        (d)  In order to provide for the expeditious  and  timely
24    implementation  of  the  State's  fiscal  year  1999  budget,
25    emergency  rules  to  implement  any  provision of Public Act
26    90-587 or 90-588 or any other budget  initiative  for  fiscal
27    year  1999  may be adopted in accordance with this Section by
28    the agency  charged  with  administering  that  provision  or
29    initiative,  except  that  the  24-month  limitation  on  the
30    adoption  of  emergency  rules and the provisions of Sections
31    5-115 and 5-125 do not apply  to  rules  adopted  under  this
32    subsection  (d).   The adoption of emergency rules authorized
33    by this subsection (d) shall be deemed to  be  necessary  for
34    the public interest, safety, and welfare.
 
                            -3-      LRB093 10553 NHT 16389 a
 1        (e)  In  order  to provide for the expeditious and timely
 2    implementation  of  the  State's  fiscal  year  2000  budget,
 3    emergency rules to implement any provision of this amendatory
 4    Act  of  the  91st  General  Assembly  or  any  other  budget
 5    initiative for fiscal year 2000 may be adopted in  accordance
 6    with  this  Section  by the agency charged with administering
 7    that  provision  or  initiative,  except  that  the  24-month
 8    limitation  on  the  adoption  of  emergency  rules  and  the
 9    provisions of Sections 5-115 and 5-125 do not apply to  rules
10    adopted under this subsection (e).  The adoption of emergency
11    rules authorized by this subsection (e) shall be deemed to be
12    necessary for the public interest, safety, and welfare.
13        (f)  In  order  to provide for the expeditious and timely
14    implementation  of  the  State's  fiscal  year  2001  budget,
15    emergency rules to implement any provision of this amendatory
16    Act  of  the  91st  General  Assembly  or  any  other  budget
17    initiative for fiscal year 2001 may be adopted in  accordance
18    with  this  Section  by the agency charged with administering
19    that  provision  or  initiative,  except  that  the  24-month
20    limitation  on  the  adoption  of  emergency  rules  and  the
21    provisions of Sections 5-115 and 5-125 do not apply to  rules
22    adopted under this subsection (f).  The adoption of emergency
23    rules authorized by this subsection (f) shall be deemed to be
24    necessary for the public interest, safety, and welfare.
25        (g)  In  order  to provide for the expeditious and timely
26    implementation  of  the  State's  fiscal  year  2002  budget,
27    emergency rules to implement any provision of this amendatory
28    Act  of  the  92nd  General  Assembly  or  any  other  budget
29    initiative for fiscal year 2002 may be adopted in  accordance
30    with  this  Section  by the agency charged with administering
31    that  provision  or  initiative,  except  that  the  24-month
32    limitation  on  the  adoption  of  emergency  rules  and  the
33    provisions of Sections 5-115 and 5-125 do not apply to  rules
34    adopted under this subsection (g).  The adoption of emergency
 
                            -4-      LRB093 10553 NHT 16389 a
 1    rules authorized by this subsection (g) shall be deemed to be
 2    necessary for the public interest, safety, and welfare.
 3        (h)  In  order  to provide for the expeditious and timely
 4    implementation  of  the  State's  fiscal  year  2003  budget,
 5    emergency rules to implement any provision of this amendatory
 6    Act  of  the  92nd  General  Assembly  or  any  other  budget
 7    initiative for fiscal year 2003 may be adopted in  accordance
 8    with  this  Section  by the agency charged with administering
 9    that  provision  or  initiative,  except  that  the  24-month
10    limitation  on  the  adoption  of  emergency  rules  and  the
11    provisions of Sections 5-115 and 5-125 do not apply to  rules
12    adopted under this subsection (h).  The adoption of emergency
13    rules authorized by this subsection (h) shall be deemed to be
14    necessary for the public interest, safety, and welfare.
15        (i)  In  order  to provide for the expeditious and timely
16    implementation of Section 13-410 of the Public Utilities Act,
17    emergency rules to implement any provision of Section  13-410
18    may  be  adopted  in  accordance  with  this  Section  by the
19    Illinois Commerce Commission. The adoption of emergency rules
20    authorized by this subsection  (i)  shall  be  deemed  to  be
21    necessary for the public interest, safety, and welfare.
22    (Source:  P.A.  91-24,  eff.  7-1-99;  91-357,  eff. 7-29-99;
23    91-712,  eff.  7-1-00;  92-10,  eff.  6-11-01;  92-597,  eff.
24    6-28-02.)"; and

25    in Section 5, in the introductory clause,  after  "93-5",  by
26    inserting "and by adding Section 13-410"; and

27    in Section 5, immediately below Sec. 13-409, by inserting the
28    following:

29        "(220 ILCS 5/13-410 new)
30        (Section scheduled to be repealed on July 1, 2005)
31        Sec. 13-410.  Local retail rates; study; limitation.
32        (a)  The  Illinois  Commerce  Commission  shall conduct a
 
                            -5-      LRB093 10553 NHT 16389 a
 1    study to determine the lowest local basic service  rates  for
 2    telecommunications  services  immediately  before May 9, 2003
 3    (the effective date of Public Act 93-5). The Commission shall
 4    report its findings to the Governor and the General  Assembly
 5    before November 1, 2003.
 6        (b)  Beginning  January  1,  2004, persons eligible for a
 7    grant under Section 4 of the  Senior  Citizens  and  Disabled
 8    Persons Property Tax Relief and Pharmaceutical Assistance Act
 9    must  not be charged telecommunications rates for local basic
10    service  by  an  incumbent  local  exchange   carrier   whose
11    wholesale  rates  increased  as  a  result of Public Act 93-5
12    higher than the lowest local basic service rates  immediately
13    before  May  9, 2003 (the effective date of Public Act 93-5),
14    as determined  by  the  Illinois  Commerce  Commission  under
15    subsection (a) of this Section. Each incumbent local exchange
16    carrier whose wholesale rates increased as a result of Public
17    Act  93-5  must notify all of its customers of the provisions
18    of this subsection (b).
19        (c)  The Illinois  Commerce  Commission  must  adopt  any
20    rules necessary to implement this Section.".