SB3461 EnrolledLRB096 20419 KTG 36070 b

1    AN ACT concerning State 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 Section 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice
17shall include the text of the emergency rule and shall be
18published in the Illinois Register. Consent orders or other
19court orders adopting settlements negotiated by an agency may
20be adopted under this Section. Subject to applicable
21constitutional or statutory provisions, an emergency rule
22becomes effective immediately upon filing under Section 5-65 or
23at a stated date less than 10 days thereafter. The agency's

 

 

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1finding and a statement of the specific reasons for the finding
2shall be filed with the rule. The agency shall take reasonable
3and appropriate measures to make emergency rules known to the
4persons who may be affected by them.
5    (c) An emergency rule may be effective for a period of not
6longer than 150 days, but the agency's authority to adopt an
7identical rule under Section 5-40 is not precluded. No
8emergency rule may be adopted more than once in any 24 month
9period, except that this limitation on the number of emergency
10rules that may be adopted in a 24 month period does not apply
11to (i) emergency rules that make additions to and deletions
12from the Drug Manual under Section 5-5.16 of the Illinois
13Public Aid Code or the generic drug formulary under Section
143.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
15emergency rules adopted by the Pollution Control Board before
16July 1, 1997 to implement portions of the Livestock Management
17Facilities Act, (iii) emergency rules adopted by the Illinois
18Department of Public Health under subsections (a) through (i)
19of Section 2 of the Department of Public Health Act when
20necessary to protect the public's health, (iv) emergency rules
21adopted pursuant to subsection (n) of this Section, or (v)
22emergency rules adopted pursuant to subsection (o) of this
23Section. Two or more emergency rules having substantially the
24same purpose and effect shall be deemed to be a single rule for
25purposes of this Section.
26    (d) In order to provide for the expeditious and timely

 

 

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1implementation of the State's fiscal year 1999 budget,
2emergency rules to implement any provision of Public Act 90-587
3or 90-588 or any other budget initiative for fiscal year 1999
4may be adopted in accordance with this Section by the agency
5charged with administering that provision or initiative,
6except that the 24-month limitation on the adoption of
7emergency rules and the provisions of Sections 5-115 and 5-125
8do not apply to rules adopted under this subsection (d). The
9adoption of emergency rules authorized by this subsection (d)
10shall be deemed to be necessary for the public interest,
11safety, and welfare.
12    (e) In order to provide for the expeditious and timely
13implementation of the State's fiscal year 2000 budget,
14emergency rules to implement any provision of this amendatory
15Act of the 91st General Assembly or any other budget initiative
16for fiscal year 2000 may be adopted in accordance with this
17Section by the agency charged with administering that provision
18or initiative, except that the 24-month limitation on the
19adoption of emergency rules and the provisions of Sections
205-115 and 5-125 do not apply to rules adopted under this
21subsection (e). The adoption of emergency rules authorized by
22this subsection (e) shall be deemed to be necessary for the
23public interest, safety, and welfare.
24    (f) In order to provide for the expeditious and timely
25implementation of the State's fiscal year 2001 budget,
26emergency rules to implement any provision of this amendatory

 

 

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1Act of the 91st General Assembly or any other budget initiative
2for fiscal year 2001 may be adopted in accordance with this
3Section by the agency charged with administering that provision
4or initiative, except that the 24-month limitation on the
5adoption of emergency rules and the provisions of Sections
65-115 and 5-125 do not apply to rules adopted under this
7subsection (f). The adoption of emergency rules authorized by
8this subsection (f) shall be deemed to be necessary for the
9public interest, safety, and welfare.
10    (g) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 2002 budget,
12emergency rules to implement any provision of this amendatory
13Act of the 92nd General Assembly or any other budget initiative
14for fiscal year 2002 may be adopted in accordance with this
15Section by the agency charged with administering that provision
16or initiative, except that the 24-month limitation on the
17adoption of emergency rules and the provisions of Sections
185-115 and 5-125 do not apply to rules adopted under this
19subsection (g). The adoption of emergency rules authorized by
20this subsection (g) shall be deemed to be necessary for the
21public interest, safety, and welfare.
22    (h) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2003 budget,
24emergency rules to implement any provision of this amendatory
25Act of the 92nd General Assembly or any other budget initiative
26for fiscal year 2003 may be adopted in accordance with this

 

 

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1Section by the agency charged with administering that provision
2or initiative, except that the 24-month limitation on the
3adoption of emergency rules and the provisions of Sections
45-115 and 5-125 do not apply to rules adopted under this
5subsection (h). The adoption of emergency rules authorized by
6this subsection (h) shall be deemed to be necessary for the
7public interest, safety, and welfare.
8    (i) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2004 budget,
10emergency rules to implement any provision of this amendatory
11Act of the 93rd General Assembly or any other budget initiative
12for fiscal year 2004 may be adopted in accordance with this
13Section by the agency charged with administering that provision
14or initiative, except that the 24-month limitation on the
15adoption of emergency rules and the provisions of Sections
165-115 and 5-125 do not apply to rules adopted under this
17subsection (i). The adoption of emergency rules authorized by
18this subsection (i) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (j) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222005 budget as provided under the Fiscal Year 2005 Budget
23Implementation (Human Services) Act, emergency rules to
24implement any provision of the Fiscal Year 2005 Budget
25Implementation (Human Services) Act may be adopted in
26accordance with this Section by the agency charged with

 

 

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1administering that provision, except that the 24-month
2limitation on the adoption of emergency rules and the
3provisions of Sections 5-115 and 5-125 do not apply to rules
4adopted under this subsection (j). The Department of Public Aid
5may also adopt rules under this subsection (j) necessary to
6administer the Illinois Public Aid Code and the Children's
7Health Insurance Program Act. The adoption of emergency rules
8authorized by this subsection (j) shall be deemed to be
9necessary for the public interest, safety, and welfare.
10    (k) In order to provide for the expeditious and timely
11implementation of the provisions of the State's fiscal year
122006 budget, emergency rules to implement any provision of this
13amendatory Act of the 94th General Assembly or any other budget
14initiative for fiscal year 2006 may be adopted in accordance
15with this Section by the agency charged with administering that
16provision or initiative, except that the 24-month limitation on
17the adoption of emergency rules and the provisions of Sections
185-115 and 5-125 do not apply to rules adopted under this
19subsection (k). The Department of Healthcare and Family
20Services may also adopt rules under this subsection (k)
21necessary to administer the Illinois Public Aid Code, the
22Senior Citizens and Disabled Persons Property Tax Relief and
23Pharmaceutical Assistance Act, the Senior Citizens and
24Disabled Persons Prescription Drug Discount Program Act (now
25the Illinois Prescription Drug Discount Program Act), and the
26Children's Health Insurance Program Act. The adoption of

 

 

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1emergency rules authorized by this subsection (k) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4    (l) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62007 budget, the Department of Healthcare and Family Services
7may adopt emergency rules during fiscal year 2007, including
8rules effective July 1, 2007, in accordance with this
9subsection to the extent necessary to administer the
10Department's responsibilities with respect to amendments to
11the State plans and Illinois waivers approved by the federal
12Centers for Medicare and Medicaid Services necessitated by the
13requirements of Title XIX and Title XXI of the federal Social
14Security Act. The adoption of emergency rules authorized by
15this subsection (l) shall be deemed to be necessary for the
16public interest, safety, and welfare.
17    (m) In order to provide for the expeditious and timely
18implementation of the provisions of the State's fiscal year
192008 budget, the Department of Healthcare and Family Services
20may adopt emergency rules during fiscal year 2008, including
21rules effective July 1, 2008, in accordance with this
22subsection to the extent necessary to administer the
23Department's responsibilities with respect to amendments to
24the State plans and Illinois waivers approved by the federal
25Centers for Medicare and Medicaid Services necessitated by the
26requirements of Title XIX and Title XXI of the federal Social

 

 

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1Security Act. The adoption of emergency rules authorized by
2this subsection (m) shall be deemed to be necessary for the
3public interest, safety, and welfare.
4    (n) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62010 budget, emergency rules to implement any provision of this
7amendatory Act of the 96th General Assembly or any other budget
8initiative authorized by the 96th General Assembly for fiscal
9year 2010 may be adopted in accordance with this Section by the
10agency charged with administering that provision or
11initiative. The adoption of emergency rules authorized by this
12subsection (n) shall be deemed to be necessary for the public
13interest, safety, and welfare. The rulemaking authority
14granted in this subsection (n) shall apply only to rules
15promulgated during Fiscal Year 2010.
16    (o) In order to provide for the expeditious and timely
17implementation of the provisions of the State's fiscal year
182011 budget, emergency rules to implement any provision of this
19amendatory Act of the 96th General Assembly or any other budget
20initiative authorized by the 96th General Assembly for fiscal
21year 2011 may be adopted in accordance with this Section by the
22agency charged with administering that provision or
23initiative. The adoption of emergency rules authorized by this
24subsection (o) is deemed to be necessary for the public
25interest, safety, and welfare. The rulemaking authority
26granted in this subsection (o) applies only to rules

 

 

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1promulgated on or after the effective date of this amendatory
2Act of the 96th General Assembly through June 30, 2011 January
39, 2011.
4(Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 96-45,
5eff. 7-15-09; 96-958, eff. 7-1-10.)
 
6    Section 10. The State Finance Act is amended by changing
7Section 5h as follows:
 
8    (30 ILCS 105/5h)
9    Sec. 5h. Cash flow borrowing and general funds liquidity.
10    (a) In order to meet cash flow deficits and to maintain
11liquidity in the General Revenue Fund and the Common School
12Fund, on and after July 1, 2010 and through June 30, 2011
13January 9, 2011, the State Treasurer and the State Comptroller
14shall make transfers to the General Revenue Fund or the Common
15School Fund, as directed by the Governor, out of special funds
16of the State, to the extent allowed by federal law. No transfer
17may be made from a fund under this Section that would have the
18effect of reducing the available balance in the fund to an
19amount less than the amount remaining unexpended and unreserved
20from the total appropriation from that fund estimated to be
21expended for that fiscal year. No such transfer may reduce the
22cumulative balance of all of the special funds of the State to
23an amount less than the total debt service payable during the
2412 months immediately following the date of the transfer on any

 

 

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1bonded indebtedness of the State and any certificates issued
2under the Short Term Borrowing Act. Notwithstanding any other
3provision of this Section, no such transfer may be made from
4any special fund that is exclusively collected by or
5appropriated to any other constitutional officer without the
6written approval of that constitutional officer.
7    (b) If moneys have been transferred to the General Revenue
8Fund or the Common School Fund pursuant to subsection (a) of
9this Section, this amendatory Act of the 96th General Assembly
10shall constitute the irrevocable and continuing authority for
11and direction to the State Treasurer and State Comptroller to
12reimburse the funds of origin from the General Revenue Fund or
13the Common School Fund, as appropriate, by transferring to the
14funds of origin, at such times and in such amounts as directed
15by the Governor when necessary to support appropriated
16expenditures from the funds, an amount equal to that
17transferred from them plus any interest that would have accrued
18thereon had the transfer not occurred, except that any moneys
19transferred pursuant to subsection (a) of this Section shall be
20repaid to the fund of origin within 18 months after the date on
21which they were borrowed.
22    (c) On the first day of each quarterly period in each
23fiscal year, the Governor's Office of Management and Budget
24shall provide to the President and the Minority Leader of the
25Senate, the Speaker and the Minority Leader of the House of
26Representatives, and the Commission on Government Forecasting

 

 

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1and Accountability a report on all transfers made pursuant to
2this Section in the prior quarterly period. The report must be
3provided in both written and electronic format. The report must
4include all of the following:
5        (1) The date each transfer was made.
6        (2) The amount of each transfer.
7        (3) In the case of a transfer from the General Revenue
8    Fund or the Common School Fund to a fund of origin pursuant
9    to subsection (b) of this Section, the amount of interest
10    being paid to the fund of origin.
11        (4) The end of day balance of both the fund of origin
12    and the General Revenue Fund or the Common School Fund,
13    whichever the case may be, on the date the transfer was
14    made.
15(Source: P.A. 96-958, eff. 7-1-10.)
 
16    Section 15. The Emergency Budget Act of Fiscal Year 2011 is
17amended by changing Sections 1-10, 1-15, and 1-20 as follows:
 
18    (30 ILCS 187/1-10)
19    (Section scheduled to be repealed on July 1, 2011)
20    Sec. 1-10. Designation of contingency reserve. Beginning
21on July 1, 2010 and until June 30, 2011 January 9, 2011, the
22Governor may designate amounts to be set aside as a contingency
23reserve from the amounts appropriated from the General Revenue
24Fund, the Common School Fund, the Education Assistance Fund,

 

 

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1and any special fund of the State for State fiscal year 2011
2for all boards, commissions, agencies, institutions,
3authorities, colleges, universities, and bodies politic and
4corporate of the State, but not other constitutional officers,
5the legislative or judicial branch, the office of the Executive
6Inspector General, or the Executive Ethics Commission. The
7total contingency reserve may not exceed one-third of the sum
8of (i) the total dollar amount of vouchers that have been
9submitted to the State Comptroller for payment but for which
10warrants have not been issued by the Comptroller as of July 1,
112010 and (ii) the total dollar amount of any fiscal year 2010
12mandated statutory transfers that have not been executed as of
13July 1, 2010. The State Comptroller shall certify the total
14dollar amount of those outstanding vouchers and transfers to
15the Governor on or before July 8, 2010.
16(Source: P.A. 96-958, eff. 7-1-10.)
 
17    (30 ILCS 187/1-15)
18    (Section scheduled to be repealed on July 1, 2011)
19    Sec. 1-15. Contingency reserve restrictions. Until June
2030, 2011 January 9, 2011, the amounts placed in contingency
21reserve shall not be transferred, obligated, encumbered,
22expended, or otherwise committed unless the Governor
23authorizes the removal of the amounts from the contingency
24reserve or the State, by an Act of the 96th General Assembly,
25generates incremental revenues sufficient to support such

 

 

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1transfers, obligations, encumbrances, expenditures, or other
2commitments.
3(Source: P.A. 96-958, eff. 7-1-10.)
 
4    (30 ILCS 187/1-20)
5    (Section scheduled to be repealed on July 1, 2011)
6    Sec. 1-20. All State programs subject to appropriation.
7Notwithstanding any other Act to the contrary, during State
8fiscal year 2011, any expenditure from State funds authorized
9or required by any State law are made subject to appropriation
10through June 30, 2011 January 9, 2011 of that fiscal year. No
11moneys shall be obligated or expended during that time unless
12they are supported by available State fiscal year 2011
13appropriations that are not otherwise obligated or reserved
14pursuant to Section 1-10 of this Act. The provisions of this
15Section do not apply to non-appropriated funds,
16non-appropriated accounts, locally held funds, or
17appropriations with continuing authority.
18(Source: P.A. 96-958, eff. 7-1-10.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.