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Full Text of SB0456  100th General Assembly

SB0456sam002 100TH GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 2/5/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 456

2    AMENDMENT NO. ______. Amend Senate Bill 456 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1shall include the text of the emergency rule and shall be
2published in the Illinois Register. Consent orders or other
3court orders adopting settlements negotiated by an agency may
4be adopted under this Section. Subject to applicable
5constitutional or statutory provisions, an emergency rule
6becomes effective immediately upon filing under Section 5-65 or
7at a stated date less than 10 days thereafter. The agency's
8finding and a statement of the specific reasons for the finding
9shall be filed with the rule. The agency shall take reasonable
10and appropriate measures to make emergency rules known to the
11persons who may be affected by them.
12    (c) An emergency rule may be effective for a period of not
13longer than 150 days, but the agency's authority to adopt an
14identical rule under Section 5-40 is not precluded. No
15emergency rule may be adopted more than once in any 24-month
16period, except that this limitation on the number of emergency
17rules that may be adopted in a 24-month period does not apply
18to (i) emergency rules that make additions to and deletions
19from the Drug Manual under Section 5-5.16 of the Illinois
20Public Aid Code or the generic drug formulary under Section
213.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
22emergency rules adopted by the Pollution Control Board before
23July 1, 1997 to implement portions of the Livestock Management
24Facilities Act, (iii) emergency rules adopted by the Illinois
25Department of Public Health under subsections (a) through (i)
26of Section 2 of the Department of Public Health Act when

 

 

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1necessary to protect the public's health, (iv) emergency rules
2adopted pursuant to subsection (n) of this Section, (v)
3emergency rules adopted pursuant to subsection (o) of this
4Section, or (vi) emergency rules adopted pursuant to subsection
5(c-5) of this Section. Two or more emergency rules having
6substantially the same purpose and effect shall be deemed to be
7a single rule for purposes of this Section.
8    (c-5) To facilitate the maintenance of the program of group
9health benefits provided to annuitants, survivors, and retired
10employees under the State Employees Group Insurance Act of
111971, rules to alter the contributions to be paid by the State,
12annuitants, survivors, retired employees, or any combination
13of those entities, for that program of group health benefits,
14shall be adopted as emergency rules. The adoption of those
15rules shall be considered an emergency and necessary for the
16public interest, safety, and welfare.
17    (d) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 1999 budget,
19emergency rules to implement any provision of Public Act 90-587
20or 90-588 or any other budget initiative for fiscal year 1999
21may be adopted in accordance with this Section by the agency
22charged with administering that provision or initiative,
23except that the 24-month limitation on the adoption of
24emergency rules and the provisions of Sections 5-115 and 5-125
25do not apply to rules adopted under this subsection (d). The
26adoption of emergency rules authorized by this subsection (d)

 

 

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

 

 

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1    (g) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2002 budget,
3emergency rules to implement any provision of Public Act 92-10
4or any other budget initiative for fiscal year 2002 may be
5adopted in accordance with this Section by the agency charged
6with administering that provision or initiative, except that
7the 24-month limitation on the adoption of emergency rules and
8the provisions of Sections 5-115 and 5-125 do not apply to
9rules adopted under this subsection (g). The adoption of
10emergency rules authorized by this subsection (g) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13    (h) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 2003 budget,
15emergency rules to implement any provision of Public Act 92-597
16or any other budget initiative for fiscal year 2003 may be
17adopted in accordance with this Section by the agency charged
18with administering that provision or initiative, except that
19the 24-month limitation on the adoption of emergency rules and
20the provisions of Sections 5-115 and 5-125 do not apply to
21rules adopted under this subsection (h). The adoption of
22emergency rules authorized by this subsection (h) shall be
23deemed to be necessary for the public interest, safety, and
24welfare.
25    (i) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2004 budget,

 

 

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1emergency rules to implement any provision of Public Act 93-20
2or any other budget initiative for fiscal year 2004 may be
3adopted in accordance with this Section by the agency charged
4with administering that provision or initiative, except that
5the 24-month limitation on the adoption of emergency rules and
6the provisions of Sections 5-115 and 5-125 do not apply to
7rules adopted under this subsection (i). The adoption of
8emergency rules authorized by this subsection (i) shall be
9deemed to be necessary for the public interest, safety, and
10welfare.
11    (j) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132005 budget as provided under the Fiscal Year 2005 Budget
14Implementation (Human Services) Act, emergency rules to
15implement any provision of the Fiscal Year 2005 Budget
16Implementation (Human Services) Act may be adopted in
17accordance with this Section by the agency charged with
18administering that provision, except that the 24-month
19limitation on the adoption of emergency rules and the
20provisions of Sections 5-115 and 5-125 do not apply to rules
21adopted under this subsection (j). The Department of Public Aid
22may also adopt rules under this subsection (j) necessary to
23administer the Illinois Public Aid Code and the Children's
24Health Insurance Program Act. The adoption of emergency rules
25authorized by this subsection (j) shall be deemed to be
26necessary for the public interest, safety, and welfare.

 

 

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1    (k) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32006 budget, emergency rules to implement any provision of
4Public Act 94-48 or any other budget initiative for fiscal year
52006 may be adopted in accordance with this Section by the
6agency charged with administering that provision or
7initiative, except that the 24-month limitation on the adoption
8of emergency rules and the provisions of Sections 5-115 and
95-125 do not apply to rules adopted under this subsection (k).
10The Department of Healthcare and Family Services may also adopt
11rules under this subsection (k) necessary to administer the
12Illinois Public Aid Code, the Senior Citizens and Persons with
13Disabilities Property Tax Relief Act, the Senior Citizens and
14Disabled Persons Prescription Drug Discount Program Act (now
15the Illinois Prescription Drug Discount Program Act), and the
16Children's Health Insurance Program Act. The adoption of
17emergency rules authorized by this subsection (k) shall be
18deemed to be necessary for the public interest, safety, and
19welfare.
20    (l) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222007 budget, the Department of Healthcare and Family Services
23may adopt emergency rules during fiscal year 2007, including
24rules effective July 1, 2007, in accordance with this
25subsection to the extent necessary to administer the
26Department's responsibilities with respect to amendments to

 

 

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1the State plans and Illinois waivers approved by the federal
2Centers for Medicare and Medicaid Services necessitated by the
3requirements of Title XIX and Title XXI of the federal Social
4Security Act. The adoption of emergency rules authorized by
5this subsection (l) shall be deemed to be necessary for the
6public interest, safety, and welfare.
7    (m) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92008 budget, the Department of Healthcare and Family Services
10may adopt emergency rules during fiscal year 2008, including
11rules effective July 1, 2008, in accordance with this
12subsection to the extent necessary to administer the
13Department's responsibilities with respect to amendments to
14the State plans and Illinois waivers approved by the federal
15Centers for Medicare and Medicaid Services necessitated by the
16requirements of Title XIX and Title XXI of the federal Social
17Security Act. The adoption of emergency rules authorized by
18this subsection (m) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (n) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222010 budget, emergency rules to implement any provision of
23Public Act 96-45 or any other budget initiative authorized by
24the 96th General Assembly for fiscal year 2010 may be adopted
25in accordance with this Section by the agency charged with
26administering that provision or initiative. The adoption of

 

 

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1emergency rules authorized by this subsection (n) shall be
2deemed to be necessary for the public interest, safety, and
3welfare. The rulemaking authority granted in this subsection
4(n) shall apply only to rules promulgated during Fiscal Year
52010.
6    (o) In order to provide for the expeditious and timely
7implementation of the provisions of the State's fiscal year
82011 budget, emergency rules to implement any provision of
9Public Act 96-958 or any other budget initiative authorized by
10the 96th General Assembly for fiscal year 2011 may be adopted
11in accordance with this Section by the agency charged with
12administering that provision or initiative. The adoption of
13emergency rules authorized by this subsection (o) is deemed to
14be necessary for the public interest, safety, and welfare. The
15rulemaking authority granted in this subsection (o) applies
16only to rules promulgated on or after July 1, 2010 (the
17effective date of Public Act 96-958) through June 30, 2011.
18    (p) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 97-689,
20emergency rules to implement any provision of Public Act 97-689
21may be adopted in accordance with this subsection (p) by the
22agency charged with administering that provision or
23initiative. The 150-day limitation of the effective period of
24emergency rules does not apply to rules adopted under this
25subsection (p), and the effective period may continue through
26June 30, 2013. The 24-month limitation on the adoption of

 

 

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1emergency rules does not apply to rules adopted under this
2subsection (p). The adoption of emergency rules authorized by
3this subsection (p) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (q) In order to provide for the expeditious and timely
6implementation of the provisions of Articles 7, 8, 9, 11, and
712 of Public Act 98-104, emergency rules to implement any
8provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
9may be adopted in accordance with this subsection (q) by the
10agency charged with administering that provision or
11initiative. The 24-month limitation on the adoption of
12emergency rules does not apply to rules adopted under this
13subsection (q). The adoption of emergency rules authorized by
14this subsection (q) is deemed to be necessary for the public
15interest, safety, and welfare.
16    (r) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 98-651,
18emergency rules to implement Public Act 98-651 may be adopted
19in accordance with this subsection (r) by the Department of
20Healthcare and Family Services. The 24-month limitation on the
21adoption of emergency rules does not apply to rules adopted
22under this subsection (r). The adoption of emergency rules
23authorized by this subsection (r) is deemed to be necessary for
24the public interest, safety, and welfare.
25    (s) In order to provide for the expeditious and timely
26implementation of the provisions of Sections 5-5b.1 and 5A-2 of

 

 

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1the Illinois Public Aid Code, emergency rules to implement any
2provision of Section 5-5b.1 or Section 5A-2 of the Illinois
3Public Aid Code may be adopted in accordance with this
4subsection (s) by the Department of Healthcare and Family
5Services. The rulemaking authority granted in this subsection
6(s) shall apply only to those rules adopted prior to July 1,
72015. Notwithstanding any other provision of this Section, any
8emergency rule adopted under this subsection (s) shall only
9apply to payments made for State fiscal year 2015. The adoption
10of emergency rules authorized by this subsection (s) is deemed
11to be necessary for the public interest, safety, and welfare.
12    (t) In order to provide for the expeditious and timely
13implementation of the provisions of Article II of Public Act
1499-6, emergency rules to implement the changes made by Article
15II of Public Act 99-6 to the Emergency Telephone System Act may
16be adopted in accordance with this subsection (t) by the
17Department of State Police. The rulemaking authority granted in
18this subsection (t) shall apply only to those rules adopted
19prior to July 1, 2016. The 24-month limitation on the adoption
20of emergency rules does not apply to rules adopted under this
21subsection (t). The adoption of emergency rules authorized by
22this subsection (t) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (u) In order to provide for the expeditious and timely
25implementation of the provisions of the Burn Victims Relief
26Act, emergency rules to implement any provision of the Act may

 

 

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1be adopted in accordance with this subsection (u) by the
2Department of Insurance. The rulemaking authority granted in
3this subsection (u) shall apply only to those rules adopted
4prior to December 31, 2015. The adoption of emergency rules
5authorized by this subsection (u) is deemed to be necessary for
6the public interest, safety, and welfare.
7    (v) In order to provide for the expeditious and timely
8implementation of the provisions of Public Act 99-516,
9emergency rules to implement Public Act 99-516 may be adopted
10in accordance with this subsection (v) by the Department of
11Healthcare and Family Services. The 24-month limitation on the
12adoption of emergency rules does not apply to rules adopted
13under this subsection (v). The adoption of emergency rules
14authorized by this subsection (v) is deemed to be necessary for
15the public interest, safety, and welfare.
16    (w) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 99-796,
18emergency rules to implement the changes made by Public Act
1999-796 may be adopted in accordance with this subsection (w) by
20the Adjutant General. The adoption of emergency rules
21authorized by this subsection (w) is deemed to be necessary for
22the public interest, safety, and welfare.
23    (x) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 99-906,
25emergency rules to implement subsection (i) of Section 16-115D,
26subsection (g) of Section 16-128A, and subsection (a) of

 

 

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1Section 16-128B of the Public Utilities Act may be adopted in
2accordance with this subsection (x) by the Illinois Commerce
3Commission. The rulemaking authority granted in this
4subsection (x) shall apply only to those rules adopted within
5180 days after June 1, 2017 (the effective date of Public Act
699-906). The adoption of emergency rules authorized by this
7subsection (x) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (y) In order to provide for the expeditious and timely
10implementation of the provisions of this amendatory Act of the
11100th General Assembly, emergency rules to implement the
12changes made by this amendatory Act of the 100th General
13Assembly to Section 4.02 of the Illinois Act on Aging, Sections
145.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30
15of the Alcoholism and Other Drug Abuse and Dependency Act, and
16Sections 74 and 75 of the Mental Health and Developmental
17Disabilities Administrative Act may be adopted in accordance
18with this subsection (y) by the respective Department. The
19adoption of emergency rules authorized by this subsection (y)
20is deemed to be necessary for the public interest, safety, and
21welfare.
22    (z) In order to provide for the expeditious and timely
23implementation of the provisions of this amendatory Act of the
24100th General Assembly, emergency rules to implement the
25changes made by this amendatory Act of the 100th General
26Assembly to Section 4.7 of the Lobbyist Registration Act may be

 

 

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1adopted in accordance with this subsection (z) by the Secretary
2of State. The adoption of emergency rules authorized by this
3subsection (z) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (aa) In order to provide for the expeditious and timely
6implementation of the provisions of this amendatory Act of the
7100th General Assembly, emergency rules to implement the
8changes made by this amendatory Act of the 100th General
9Assembly to Section 3.35 of the Newborn Metabolic Screening Act
10may be adopted in accordance with this subsection (aa) by the
11Secretary of State. The adoption of emergency rules authorized
12by this subsection (aa) is deemed to be necessary for the
13public interest, safety, and welfare.
14(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
15eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
1699-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
17100-23, eff. 7-6-17; 100-554, eff. 11-16-17.)
 
18    Section 10. The Newborn Metabolic Screening Act is amended
19by adding Section 3.35 as follows:
 
20    (410 ILCS 240/3.35 new)
21    Sec. 3.35. Spinal muscular atrophy. In accordance with the
22timetable specified in this Section, the Department shall
23provide all newborns with a screening test for spinal muscular
24atrophy using a method that determines the presence or absence

 

 

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1of the intact or normal SMN1 gene, beginning on the earlier of
2the following:
3        (1) July 1, 2020; or
4        (2) within 6 months following the occurrence of all of
5    the following:
6            (A) the establishment and verification of relevant
7        and appropriate performance specifications as defined
8        under the federal Clinical Laboratory Improvement
9        Amendments and regulations thereunder for federal Food
10        and Drug Administration-cleared or in-house developed
11        methods, performed under an institutional review board
12        approved protocol, if required;
13            (B) the availability of quality assurance
14        materials and comparative threshold values to
15        determine the presence or absence of the intact or
16        normal SMN1 gene;
17            (C) the procurement and installation by the
18        Department of the equipment necessary to implement the
19        initial pilot and statewide volume of screening tests
20        for spinal muscular atrophy;
21            (D) the establishment of precise threshold values
22        ensuring defined disorder identification for spinal
23        muscular atrophy;
24            (E) the development and validation of a reliable
25        methodology for screening newborns for spinal muscular
26        atrophy using dried blood spots and quality assurance

 

 

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1        testing methodology for such test or the approval and
2        procurement of a test for spinal muscular atrophy using
3        dried blood spots by the federal Food and Drug
4        Administration;
5            (F) the authentication of pilot testing achieving
6        each milestone described in subparagraphs (A) through
7        (E) of this paragraph for spinal muscular atrophy; and
8            (G) the authentication of achieving the potential
9        of high throughput standards for statewide volume of
10        spinal muscular atrophy concomitant with each
11        milestone described in subparagraphs (A) through (E)
12        of this paragraph.
13    The Department is authorized to implement an additional fee
14for the screening upon the effective date of this amendatory
15Act of the 100th General Assembly in order to accumulate the
16resources for start-up and other costs associated with the
17implementation of the screening and thereafter to support the
18costs associated with screening. If the Department has not
19implemented statewide screening for spinal muscular atrophy
20under this Section within 36 months after the effective date of
21this amendatory Act of the 100th General Assembly, then the
22Department shall cease collecting any additional fees related
23to the screening. The Department may adopt emergency rules in
24accordance with Section 5-45 of the Illinois Administrative
25Procedure Act to implement this Section.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".