State of Illinois
90th General Assembly
Legislation

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90_HB1492enr

      5 ILCS 100/5-15           from Ch. 127, par. 1005-15
      5 ILCS 100/5-75           from Ch. 127, par. 1005-75
          Amends  the  Illinois   Administrative   Procedure   Act.
      Provides  that  requests  for  copies  of  agency  rules  and
      materials  incorporated by reference in those rules shall not
      be deemed Freedom  of  Information  Act  requests  unless  so
      labeled by the requestor.  Effective immediately.
                                                     LRB9003931PTcw
HB1492 Enrolled                                LRB9003931PTcw
 1        AN ACT concerning administrative procedure.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Illinois Administrative Procedure Act  is
 5    amended by changing Sections 5-15 and 5-75 as follows:
 6        (5 ILCS 100/5-15) (from Ch. 127, par. 1005-15)
 7        Sec. 5-15. Required rules.
 8        (a)  Each agency shall maintain as rules the following:
 9             (1)  A   current   description   of   the   agency's
10        organization   with   necessary   charts  depicting  that
11        organization.
12             (2)  The current procedures by which the public  can
13        obtain  information  or  make  submissions or requests on
14        subjects,  programs,  and  activities  of   the   agency.
15        Requests  for  copies of agency rules shall not be deemed
16        Freedom of Information Act requests unless so labeled  by
17        the requestor.
18             (3)  Tables  of contents, indices, reference tables,
19        and other materials to aid users in finding and using the
20        agency's collection of rules currently in force.
21             (4)  A   current   description   of   the   agency's
22        rulemaking  procedures   with   necessary   flow   charts
23        depicting those procedures.
24             (5)  Any   rules   adopted  under  this  Section  in
25        accordance with Sections 5-75 and 10-20 of this Act.
26        (b)  The rules required to be filed by this  Section  may
27    be  adopted,  amended,  or  repealed and filed as provided in
28    this Section instead of any other provisions or  requirements
29    of this Act.
30        The  rules  required  by  this  Section  may  be adopted,
31    amended, or repealed by filing  a  certified  copy  with  the
HB1492 Enrolled             -2-                LRB9003931PTcw
 1    Secretary  of  State under subsections (a) and (b) of Section
 2    5-65 and may become effective immediately.
 3    (Source: P.A. 87-823.)
 4        (5 ILCS 100/5-75) (from Ch. 127, par. 1005-75)
 5        Sec. 5-75.  Incorporation by reference.
 6        (a)  An agency may incorporate by reference, in its rules
 7    adopted under Section 5-35,  rules,  regulations,  standards,
 8    and  guidelines  of  an  agency  of  the  United  States or a
 9    nationally or state recognized  organization  or  association
10    without  publishing  the  incorporated material in full.  The
11    reference  in  the  agency  rules  must  fully  identify  the
12    incorporated matter by publisher address and date in order to
13    specify how a copy of the material may be obtained  and  must
14    state  that the rule, regulation, standard, or guideline does
15    not include any later amendments or editions. An  agency  may
16    incorporate  by  reference these matters in its rules only if
17    the agency, organization, or association  originally  issuing
18    the  matter  makes  copies  readily  available to the public.
19    This Section does not apply to any agency internal manual.
20        For any law imposing taxes on or measured by income,  the
21    Department  of  Revenue  may  promulgate  rules  that include
22    incorporations by reference of federal rules  or  regulations
23    without  identifying  the  incorporated  matter  by  date and
24    without including a statement that the incorporation does not
25    include later amendments.
26        (b)  Use of  the  incorporation  by  reference  procedure
27    under  this  Section shall be reviewed by the Joint Committee
28    on Administrative Rules during the rulemaking process as  set
29    forth in this Act.
30        (c)  The agency adopting a rule, regulation, standard, or
31    guideline  under  this  Section  shall maintain a copy of the
32    referenced rule, regulation, standard,  or  guideline  in  at
33    least  one  of  its  principal  offices  and  shall  make  it
HB1492 Enrolled             -3-                LRB9003931PTcw
 1    available  to  the  public  upon  request  for inspection and
 2    copying at  no  more  than  cost.   Requests  for  copies  of
 3    materials  incorporated  by  reference  shall  not  be deemed
 4    Freedom of Information Act requests unless so labeled by  the
 5    requestor.   The  agency  shall  designate by rule the agency
 6    location at which incorporated materials are  maintained  and
 7    made  available  to  the  public  for inspection and copying.
 8    These rules may be adopted under the  procedures  in  Section
 9    5-15.  In addition, the agency may include the designation of
10    the agency location of incorporated materials in a rulemaking
11    under  Section  5-35, but emergency and peremptory rulemaking
12    procedures may not be used solely for this purpose.
13    (Source: P.A. 86-599; 87-823.)
14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.

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