State of Illinois
91st General Assembly

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SB1030 Engrossed                               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18        provision to be repealed.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
SB1030 Engrossed            -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
SB1030 Engrossed            -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
SB1030 Engrossed            -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
SB1030 Engrossed            -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
SB1030 Engrossed            -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
SB1030 Engrossed            -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
SB1030 Engrossed            -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
SB1030 Engrossed            -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.
SB1030 Engrossed            -10-               SRS91S0032JDch
 1    (Source: P.A. 87-823; 88-535; revised 10-31-98.)

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