[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ House Amendment 001 ] | [ House Amendment 002 ] |
91_SB1030
SRS91S0032JDch
1 AN ACT to amend the Illinois Administrative Procedure
2 Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Administrative Procedure Act is
6 amended by changing Sections 5-40, 5-60, and 5-80 as follows:
7 (5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
8 Sec. 5-40. General rulemaking.
9 (a) In all rulemaking to which Sections 5-45 and 5-50 do
10 not apply, each agency shall comply with this Section.
11 (b) Each agency shall give at least 45 days' notice of
12 its intended action to the general public. This first notice
13 period shall commence on the first day the notice appears in
14 the Illinois Register. The first notice shall include all
15 the following:
16 (1) The text of the proposed rule, the old and new
17 materials of a proposed amendment, or the text of the
18 provision to be repealed.
19 (2) The specific statutory citation, including
20 Section, subsection, paragraph, and subparagraph, to the
21 specific statute upon which the proposed rule, the
22 proposed amendment to a rule, or the proposed repeal of a
23 rule is based and by which it is authorized. For
24 purposes of this requirement, a citation of the agency's
25 general rulemaking authority is insufficient. The
26 citation must be to the statute authorizing the program
27 being implemented.
28 (3) A complete description of the subjects and
29 issues involved.
30 (4) For all proposed rules and proposed amendments
31 to rules, an initial regulatory flexibility analysis
-2- SRS91S0032JDch
1 containing a description of the types of small businesses
2 subject to the rule; a brief description of the proposed
3 reporting, bookkeeping, and other procedures required for
4 compliance with the rule; and a description of the types
5 of professional skills necessary for compliance.
6 (5) The time, place, and manner in which interested
7 persons may present their views and comments concerning
8 the proposed rulemaking.
9 During the first notice period, the agency shall accept
10 from any interested persons data, views, arguments, or
11 comments. These may, in the discretion of the agency, be
12 submitted either orally or in writing or both. The notice
13 published in the Illinois Register shall indicate the manner
14 selected by the agency for the submissions. The agency shall
15 consider all submissions received.
16 The agency shall hold a public hearing on the proposed
17 rulemaking during the first notice period if (i) during the
18 first notice period, the agency finds that a public hearing
19 would facilitate the submission of views and comments that
20 might not otherwise be submitted or (ii) the agency receives
21 a request for a public hearing, within the first 14 days
22 after publication of the notice of proposed rulemaking in the
23 Illinois Register, from 25 interested persons, an association
24 representing at least 100 interested persons, the Governor,
25 the Joint Committee on Administrative Rules, or a unit of
26 local government that may be affected. At the public
27 hearing, the agency shall allow interested persons to present
28 views and comments on the proposed rulemaking. A public
29 hearing in response to a request for a hearing may not be
30 held less than 20 days after the publication of the notice of
31 proposed rulemaking in the Illinois Register unless notice of
32 the public hearing is included in the notice of proposed
33 rulemaking. A public hearing on proposed rulemaking may not
34 be held less than 5 days before submission of the notice
-3- SRS91S0032JDch
1 required under subsection (c) of this Section to the Joint
2 Committee on Administrative Rules. Each agency may prescribe
3 reasonable rules for the conduct of public hearings on
4 proposed rulemaking to prevent undue repetition at the
5 hearings. The hearings must be open to the public and
6 recorded by stenographic or mechanical means. At least one
7 agency representative shall be present during the hearing who
8 is qualified to respond to general questions from the public
9 regarding the agency's proposal and the rulemaking process.
10 (c) Each agency shall provide additional notice of the
11 proposed rulemaking to the Joint Committee on Administrative
12 Rules. The period commencing on the day written notice is
13 received by the Joint Committee shall be known as the second
14 notice period and shall expire 45 days thereafter unless
15 before that time the agency and the Joint Committee have
16 agreed to extend the second notice period beyond 45 days for
17 a period not to exceed an additional 45 days or unless the
18 agency has received a statement of objection from the Joint
19 Committee or notification from the Joint Committee that no
20 objection will be issued. The written notice to the Joint
21 Committee shall include (i) the text and location of any
22 changes made to the proposed rulemaking during the first
23 notice period in a form prescribed by the Joint Committee;
24 (ii) for all proposed rules and proposed amendments to rules,
25 a final regulatory flexibility analysis containing a summary
26 of issues raised by small businesses during the first notice
27 period and a description of actions taken on any alternatives
28 to the proposed rule suggested by small businesses during the
29 first notice period, including reasons for rejecting any
30 alternatives not utilized; and (iii) if a written request has
31 been made by the Joint Committee within 30 days after initial
32 notice appears in the Illinois Register under subsection (b)
33 of this Section, an analysis of the economic and budgetary
34 effects of the proposed rulemaking. After commencement of the
-4- SRS91S0032JDch
1 second notice period, no substantive change may be made to a
2 proposed rulemaking unless it is made in response to an
3 objection or suggestion of the Joint Committee. The agency
4 shall also send a copy of the final regulatory flexibility
5 analysis to each small business that has presented views or
6 comments on the proposed rulemaking during the first notice
7 period and to any other interested person who requests a
8 copy. The agency may charge a reasonable fee for providing
9 the copies to cover postage and handling costs.
10 (d) After the expiration of the second notice period,
11 after notification from the Joint Committee that no objection
12 will be issued, or after a response by the agency to a
13 statement of objections issued by the Joint Committee,
14 whichever is applicable, the agency shall file, under Section
15 5-65, a certified copy of each rule, modification, or repeal
16 of any rule adopted by it. The copy shall be published in
17 the Illinois Register. Each rule hereafter adopted under
18 this Section is effective upon filing unless a later
19 effective date is required by statute or is specified in the
20 rulemaking.
21 (e) No rule or modification or repeal of any rule may be
22 adopted, or filed with the Secretary of State, more than one
23 year after the date the first notice period for the
24 rulemaking under subsection (b) commenced. Any period during
25 which the rulemaking is prohibited from being filed under
26 Section 5-115 shall not be considered in calculating this
27 one-year time period.
28 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
29 (5 ILCS 100/5-60) (from Ch. 127, par. 1005-60)
30 Sec. 5-60. Regulatory agenda. An agency shall submit
31 for publication in the Illinois Register by January 1 and
32 July 1 of each year a regulatory agenda to elicit public
33 comments concerning any rule that the agency is considering
-5- SRS91S0032JDch
1 proposing but for which no notice of proposed rulemaking
2 activity has been submitted to the Illinois Register. A
3 regulatory agenda shall consist of summaries of those rules.
4 Each summary shall, in less than 2,000 words, contain the
5 following when practicable:
6 (1) A description of the rule.
7 (2) The statutory authority, including Section,
8 subsection, paragraph, and subparagraph, the agency is
9 exercising. For purposes of this requirement, a citation
10 of the agency's general rulemaking authority is
11 insufficient. The citation must be to the statute
12 authorizing the program being implemented.
13 (3) A schedule of the dates for any hearings,
14 meetings, or other opportunities for public participation
15 in the development of the rule.
16 (4) The date the agency anticipates submitting a
17 notice of proposed rulemaking activity, if known.
18 (5) The name, address, and telephone number of the
19 agency representative who is knowledgeable about the
20 rule, from whom any information may be obtained, and to
21 whom written comments may be submitted concerning the
22 rule.
23 (6) A statement whether the rule will affect small
24 businesses, not for profit corporations, or small
25 municipalities as defined in this Act.
26 (7) Any other information that may serve the public
27 interest.
28 Nothing in this Section shall preclude an agency from
29 adopting a rule that has not been summarized in a regulatory
30 agenda or from adopting a rule different than one summarized
31 in a regulatory agenda if in the agency head's best judgment
32 it is necessary. If an agency finds that a situation exists
33 that requires adoption of a rule that was not summarized on
34 either of the 2 most recent regulatory agendas, it shall
-6- SRS91S0032JDch
1 state its reasons in writing together with the facts that
2 form their basis upon filing the notice of proposed
3 rulemaking with the Secretary of State under Section 5-40.
4 Nothing in this Section shall require an agency to adopt a
5 rule summarized in a regulatory agenda. The Secretary of
6 State shall adopt rules necessary for the publication of a
7 regulatory agenda, including but not limited to standard
8 submission forms and deadlines.
9 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
10 (5 ILCS 100/5-80) (from Ch. 127, par. 1005-80)
11 Sec. 5-80. Publication of rules.
12 (a) The Secretary of State shall, by rule, prescribe a
13 uniform system for the codification of rules. The Secretary
14 of State shall also, by rule, establish a schedule for
15 compliance with the uniform codification system. The
16 Secretary of State shall not adopt any codification system or
17 schedule under this subsection without the approval of the
18 Joint Committee on Administrative Rules. Approval by the
19 Joint Committee shall be conditioned solely upon establishing
20 that the proposed codification system and schedule are
21 compatible with existing electronic data processing equipment
22 and programs maintained by and for the General Assembly.
23 Nothing in this Section shall prohibit an agency from
24 adopting rules in compliance with the codification system
25 earlier than specified in the schedule.
26 (b) Each rule proposed in compliance with the
27 codification system shall be reviewed by the Secretary of
28 State before the expiration of the public notice period under
29 subsection (b) of Section 5-40. The Secretary of State shall
30 cooperate with agencies in the Secretary of State's review to
31 insure that the purposes of the codification system are
32 accomplished. The Secretary of State shall have the authority
33 to make changes in the numbering and location of the rule in
-7- SRS91S0032JDch
1 the codification scheme if those changes do not affect the
2 meaning of the rules. The Secretary of State may recommend
3 changes in the sectioning and headings proposed by the agency
4 and suggest grammatical and technical changes to correct
5 errors. The Secretary of State may add notes concerning the
6 statutory authority, including Section, subsection,
7 paragraph, and subparagraph, dates proposed and adopted, and
8 other similar notes to the text of the rules, if the notes
9 are not supplied by the agency. A citation of the agency's
10 general rulemaking authority is insufficient. The citation
11 must be to the statute authorizing the program being
12 implemented. This review by the Secretary of State shall be
13 for the purpose of insuring the uniformity of and compliance
14 with the codification system. The Secretary of State shall
15 prepare indexes by agency, subject matter, and statutory
16 authority and any other necessary indexes, tables, and other
17 aids for locating rules to assist the public in the use of
18 the Code.
19 (c) The Secretary of State shall make available to the
20 agency and the Joint Committee on Administrative Rules copies
21 of the changes in the numbering and location of the rule in
22 the codification scheme, the recommended changes in the
23 sectioning and headings, and the suggestions made concerning
24 the correction of grammatical and technical errors or other
25 suggested changes. The agency, in the notice required by
26 subsection (c) of Section 5-40, shall provide to the Joint
27 Committee a response to the recommendations of the Secretary
28 of State including any reasons for not adopting the
29 recommendations.
30 (d) If a reorganization of agencies, transfer of
31 functions between agencies, or abolishment of agencies by
32 executive order or law affects rules on file with the
33 Secretary of State, the Secretary of State shall notify the
34 Governor, the Attorney General, and the agencies involved of
-8- SRS91S0032JDch
1 the effects upon the rules on file. If the Governor or the
2 agencies involved do not respond to the Secretary of State's
3 notice within 45 days by instructing the Secretary of State
4 to delete or transfer the rules, the Secretary of State may
5 delete or place the rules under the appropriate agency for
6 the purpose of insuring the consistency of the codification
7 scheme and shall notify the Governor, the Attorney General,
8 and the agencies involved.
9 (e) (Blank).
10 (f) The Secretary of State shall ensure that the
11 Illinois Administrative Code is published and made available
12 to the public in a form that is updated at least annually.
13 The Code shall contain the complete text of all rules of all
14 State agencies filed with the Secretary's office and
15 effective on October 1, 1984, or later and the indexes,
16 tables, and other aids for locating rules prepared by the
17 Secretary of State. The Secretary of State shall design the
18 Illinois Register to supplement the Code. The Secretary of
19 State shall ensure that copies of the Illinois Register are
20 available to the public and governmental entities and
21 agencies.
22 If the Secretary of State determines that the Secretary's
23 office will publish and distribute either the Register or the
24 Code, the Secretary shall make copies available to the public
25 at a reasonable fee, established by the Secretary by rule,
26 and shall make copies available to governmental entities and
27 agencies at a price covering publication and mailing costs
28 only.
29 The Secretary of State shall make the electronically
30 stored database of the Illinois Register and the Code
31 available in accordance with this Section and Section 5.08 of
32 the Legislative Information System Act.
33 (g) The publication of a rule in the Code or in the
34 Illinois Register as an adopted rule shall establish a
-9- SRS91S0032JDch
1 rebuttable presumption that the rule was duly filed and that
2 the text of the rule as published in the Code is the text of
3 the rule as adopted. Publication of the text of a rule in any
4 other location whether by the agency or some other person
5 shall not be taken as establishing such a presumption.
6 Judicial or official notice shall be taken of the text of
7 each rule published in the Code or Register.
8 (h) The codification system, the indexes, tables, and
9 other aids for locating rules prepared by the Secretary of
10 State, notes, and other materials developed under this
11 Section in connection with the publication of the Illinois
12 Administrative Code and the Illinois Register shall be the
13 official compilations of the administrative rules of Illinois
14 and shall be entirely in the public domain for purposes of
15 federal copyright law.
16 (i) The Legislative Information System shall maintain on
17 its electronic data processing equipment the complete text of
18 the Illinois Register and Illinois Administrative Code
19 created in compliance with this Act. This electronic
20 information shall be made available for use in the
21 publication of the Illinois Register and Illinois
22 Administrative Code by the Secretary of State if the
23 Secretary determines that his office will publish these
24 materials as authorized by subsection (f).
25 (j) The Legislative Information System, upon
26 consultation with the Joint Committee on Administrative Rules
27 and the Secretary of State, shall make the electronically
28 stored database of the Illinois Register and the Illinois
29 Administrative Code available in an electronically stored
30 medium to those who request it. The Legislative Information
31 System shall establish and charge a reasonable fee for
32 providing the electronic information. Amounts received under
33 this Section shall be deposited into the General Assembly
34 Computer Equipment Revolving Fund.
-10- SRS91S0032JDch
1 (Source: P.A. 87-823; 88-535; revised 10-31-98.)