Illinois General Assembly - Illinois Compiled Statutes

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5 ILCS 100/5-115

(5 ILCS 100/5-115) (from Ch. 127, par. 1005-115)

Sec. 5-115. Other action by the Joint Committee.

(a) If the Joint Committee determines that the adoption and effectiveness
of a proposed rule, amendment, or repealer or portion of a proposed rule,
amendment, or repealer by an agency would be objectionable under any of the
standards for the Joint Committee's review specified in Section 5-100,
5-105, 5-110, 5-120, or 5-130 and would constitute a serious threat
to the public interest, safety, or welfare, the Joint Committee may
issue a statement to that effect at any time before the proposed rule,
amendment, or repealer takes effect.  The statement may be issued by the
Joint Committee  only upon the affirmative vote of three-fifths of the
members appointed to the Joint Committee.  The Joint Committee, however, may withdraw a statement within 180 days after it is issued upon the affirmative vote of a majority of the members appointed to the Joint Committee. A certified copy of each

statement and withdrawal shall be transmitted to the proposing agency and to the Secretary
of State for publication in the next available issue of the Illinois Register.

(b) The proposed rule, amendment, or repealer or the portion of the proposed
rule, amendment, or repealer to which the Joint Committee has issued a
statement under subsection (a) shall not be accepted for filing by the
Secretary of State and shall not take effect unless the statement is withdrawn or a joint resolution is passed as provided in subsection (c).  The agency may not enforce or
invoke for any reason a proposed rule, amendment, or repealer or any
portion thereof that is prohibited from being filed by this subsection.

(c) After the issuance
of a statement under subsection (a), any member of the General Assembly may introduce in
the General
Assembly a joint resolution stating that the General Assembly desires to discontinue the prohibition against the proposed rule, amendment, or repealer
or the portion thereof to which the statement was issued being filed and
taking effect.  If the joint
resolution is not passed by both houses of the General Assembly within 180
days after receipt of the statement by the Secretary of State or the statement is not withdrawn as provided in subsection (a), the agency shall be prohibited from
filing the proposed rule, amendment, or repealer or the portion thereof and
the proposed rule, amendment, or repealer or the portion thereof
shall not take effect.  The Secretary of State shall not accept for filing
the proposed rule, amendment, or repealer or the portion thereof with respect to which the Joint Committee has issued a statement under subsection (a) unless that statement is withdrawn or a joint resolution is passed as provided in this subsection.  If the 180-day period expires before
passage of the joint resolution, the agency may not file the proposed rule,
amendment, or repealer or the portion thereof as adopted and it shall not
take effect.

(d) If a statement is issued under this Section, then, in response to an objection or suggestion of the Joint Committee, the agency may propose changes to the proposed rule, amendment, or repealer or portion of a proposed rule, amendment, or repealer. If the agency proposes changes, it must provide additional notice to the Joint Committee under the same terms and conditions and shall be subject to the same requirements and limitations as those set forth for a second notice period under subsection (c) of Section 5-40.

(Source: P.A. 93-1035, eff. 9-10-04; 93-1074, eff. 1-18-05.)