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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
91_SB1030ham002
LRB9106367MWgcam03
1 AMENDMENT TO SENATE BILL 1030
2 AMENDMENT NO. . Amend Senate Bill 1030, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
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18 provision to be repealed.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, and where applicable, subsection, paragraph, and
21 subparagraph, to the specific statute upon which the
22 proposed rule, the proposed amendment to a rule, or the
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1 proposed repeal of a rule is based and by which it is
2 authorized.
3 (3) A complete description of the subjects and
4 issues involved.
5 (4) For all proposed rules and proposed amendments
6 to rules, an initial regulatory flexibility analysis
7 containing a description of the types of small businesses
8 subject to the rule; a brief description of the proposed
9 reporting, bookkeeping, and other procedures required for
10 compliance with the rule; and a description of the types
11 of professional skills necessary for compliance.
12 (5) The time, place, and manner in which interested
13 persons may present their views and comments concerning
14 the proposed rulemaking.
15 During the first notice period, the agency shall accept
16 from any interested persons data, views, arguments, or
17 comments. These may, in the discretion of the agency, be
18 submitted either orally or in writing or both. The notice
19 published in the Illinois Register shall indicate the manner
20 selected by the agency for the submissions. The agency shall
21 consider all submissions received.
22 The agency shall hold a public hearing on the proposed
23 rulemaking during the first notice period if (i) during the
24 first notice period, the agency finds that a public hearing
25 would facilitate the submission of views and comments that
26 might not otherwise be submitted or (ii) the agency receives
27 a request for a public hearing, within the first 14 days
28 after publication of the notice of proposed rulemaking in the
29 Illinois Register, from 25 interested persons, an association
30 representing at least 100 interested persons, the Governor,
31 the Joint Committee on Administrative Rules, or a unit of
32 local government that may be affected. At the public
33 hearing, the agency shall allow interested persons to present
34 views and comments on the proposed rulemaking. A public
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1 hearing in response to a request for a hearing may not be
2 held less than 20 days after the publication of the notice of
3 proposed rulemaking in the Illinois Register unless notice of
4 the public hearing is included in the notice of proposed
5 rulemaking. A public hearing on proposed rulemaking may not
6 be held less than 5 days before submission of the notice
7 required under subsection (c) of this Section to the Joint
8 Committee on Administrative Rules. Each agency may prescribe
9 reasonable rules for the conduct of public hearings on
10 proposed rulemaking to prevent undue repetition at the
11 hearings. The hearings must be open to the public and
12 recorded by stenographic or mechanical means. At least one
13 agency representative shall be present during the hearing who
14 is qualified to respond to general questions from the public
15 regarding the agency's proposal and the rulemaking process.
16 (c) Each agency shall provide additional notice of the
17 proposed rulemaking to the Joint Committee on Administrative
18 Rules. The period commencing on the day written notice is
19 received by the Joint Committee shall be known as the second
20 notice period and shall expire 45 days thereafter unless
21 before that time the agency and the Joint Committee have
22 agreed to extend the second notice period beyond 45 days for
23 a period not to exceed an additional 45 days or unless the
24 agency has received a statement of objection from the Joint
25 Committee or notification from the Joint Committee that no
26 objection will be issued. The written notice to the Joint
27 Committee shall include (i) the text and location of any
28 changes made to the proposed rulemaking during the first
29 notice period in a form prescribed by the Joint Committee;
30 (ii) for all proposed rules and proposed amendments to rules,
31 a final regulatory flexibility analysis containing a summary
32 of issues raised by small businesses during the first notice
33 period and a description of actions taken on any alternatives
34 to the proposed rule suggested by small businesses during the
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1 first notice period, including reasons for rejecting any
2 alternatives not utilized; and (iii) if a written request has
3 been made by the Joint Committee within 30 days after initial
4 notice appears in the Illinois Register under subsection (b)
5 of this Section, an analysis of the economic and budgetary
6 effects of the proposed rulemaking. After commencement of the
7 second notice period, no substantive change may be made to a
8 proposed rulemaking unless it is made in response to an
9 objection or suggestion of the Joint Committee. The agency
10 shall also send a copy of the final regulatory flexibility
11 analysis to each small business that has presented views or
12 comments on the proposed rulemaking during the first notice
13 period and to any other interested person who requests a
14 copy. The agency may charge a reasonable fee for providing
15 the copies to cover postage and handling costs.
16 (d) After the expiration of the second notice period,
17 after notification from the Joint Committee that no objection
18 will be issued, or after a response by the agency to a
19 statement of objections issued by the Joint Committee,
20 whichever is applicable, the agency shall file, under Section
21 5-65, a certified copy of each rule, modification, or repeal
22 of any rule adopted by it. The copy shall be published in
23 the Illinois Register. Each rule hereafter adopted under
24 this Section is effective upon filing unless a later
25 effective date is required by statute or is specified in the
26 rulemaking.
27 (e) No rule or modification or repeal of any rule may be
28 adopted, or filed with the Secretary of State, more than one
29 year after the date the first notice period for the
30 rulemaking under subsection (b) commenced. Any period during
31 which the rulemaking is prohibited from being filed under
32 Section 5-115 shall not be considered in calculating this
33 one-year time period.
34 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
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1 (5 ILCS 100/5-60) (from Ch. 127, par. 1005-60)
2 Sec. 5-60. Regulatory agenda. An agency shall submit
3 for publication in the Illinois Register by January 1 and
4 July 1 of each year a regulatory agenda to elicit public
5 comments concerning any rule that the agency is considering
6 proposing but for which no notice of proposed rulemaking
7 activity has been submitted to the Illinois Register. A
8 regulatory agenda shall consist of summaries of those rules.
9 Each summary shall, in less than 2,000 words, contain the
10 following when practicable:
11 (1) A description of the rule.
12 (2) The statutory authority, including Section, and
13 where applicable, subsection, paragraph, and
14 subparagraph, the agency is exercising.
15 (3) A schedule of the dates for any hearings,
16 meetings, or other opportunities for public participation
17 in the development of the rule.
18 (4) The date the agency anticipates submitting a
19 notice of proposed rulemaking activity, if known.
20 (5) The name, address, and telephone number of the
21 agency representative who is knowledgeable about the
22 rule, from whom any information may be obtained, and to
23 whom written comments may be submitted concerning the
24 rule.
25 (6) A statement whether the rule will affect small
26 businesses, not for profit corporations, or small
27 municipalities as defined in this Act.
28 (7) Any other information that may serve the public
29 interest.
30 Nothing in this Section shall preclude an agency from
31 adopting a rule that has not been summarized in a regulatory
32 agenda or from adopting a rule different than one summarized
33 in a regulatory agenda if in the agency head's best judgment
34 it is necessary. If an agency finds that a situation exists
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1 that requires adoption of a rule that was not summarized on
2 either of the 2 most recent regulatory agendas, it shall
3 state its reasons in writing together with the facts that
4 form their basis upon filing the notice of proposed
5 rulemaking with the Secretary of State under Section 5-40.
6 Nothing in this Section shall require an agency to adopt a
7 rule summarized in a regulatory agenda. The Secretary of
8 State shall adopt rules necessary for the publication of a
9 regulatory agenda, including but not limited to standard
10 submission forms and deadlines.
11 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
12 (5 ILCS 100/5-80) (from Ch. 127, par. 1005-80)
13 Sec. 5-80. Publication of rules.
14 (a) The Secretary of State shall, by rule, prescribe a
15 uniform system for the codification of rules. The Secretary
16 of State shall also, by rule, establish a schedule for
17 compliance with the uniform codification system. The
18 Secretary of State shall not adopt any codification system or
19 schedule under this subsection without the approval of the
20 Joint Committee on Administrative Rules. Approval by the
21 Joint Committee shall be conditioned solely upon establishing
22 that the proposed codification system and schedule are
23 compatible with existing electronic data processing equipment
24 and programs maintained by and for the General Assembly.
25 Nothing in this Section shall prohibit an agency from
26 adopting rules in compliance with the codification system
27 earlier than specified in the schedule.
28 (b) Each rule proposed in compliance with the
29 codification system shall be reviewed by the Secretary of
30 State before the expiration of the public notice period under
31 subsection (b) of Section 5-40. The Secretary of State shall
32 cooperate with agencies in the Secretary of State's review to
33 insure that the purposes of the codification system are
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1 accomplished. The Secretary of State shall have the authority
2 to make changes in the numbering and location of the rule in
3 the codification scheme if those changes do not affect the
4 meaning of the rules. The Secretary of State may recommend
5 changes in the sectioning and headings proposed by the agency
6 and suggest grammatical and technical changes to correct
7 errors. The Secretary of State may add notes concerning the
8 statutory authority, including Section, and where applicable,
9 subsection, paragraph, and subparagraph, dates proposed and
10 adopted, and other similar notes to the text of the rules, if
11 the notes are not supplied by the agency. This review by the
12 Secretary of State shall be for the purpose of insuring the
13 uniformity of and compliance with the codification system.
14 The Secretary of State shall prepare indexes by agency,
15 subject matter, and statutory authority and any other
16 necessary indexes, tables, and other aids for locating rules
17 to assist the public in the use of the Code.
18 (c) The Secretary of State shall make available to the
19 agency and the Joint Committee on Administrative Rules copies
20 of the changes in the numbering and location of the rule in
21 the codification scheme, the recommended changes in the
22 sectioning and headings, and the suggestions made concerning
23 the correction of grammatical and technical errors or other
24 suggested changes. The agency, in the notice required by
25 subsection (c) of Section 5-40, shall provide to the Joint
26 Committee a response to the recommendations of the Secretary
27 of State including any reasons for not adopting the
28 recommendations.
29 (d) If a reorganization of agencies, transfer of
30 functions between agencies, or abolishment of agencies by
31 executive order or law affects rules on file with the
32 Secretary of State, the Secretary of State shall notify the
33 Governor, the Attorney General, and the agencies involved of
34 the effects upon the rules on file. If the Governor or the
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1 agencies involved do not respond to the Secretary of State's
2 notice within 45 days by instructing the Secretary of State
3 to delete or transfer the rules, the Secretary of State may
4 delete or place the rules under the appropriate agency for
5 the purpose of insuring the consistency of the codification
6 scheme and shall notify the Governor, the Attorney General,
7 and the agencies involved.
8 (e) (Blank).
9 (f) The Secretary of State shall ensure that the
10 Illinois Administrative Code is published and made available
11 to the public in a form that is updated at least annually.
12 The Code shall contain the complete text of all rules of all
13 State agencies filed with the Secretary's office and
14 effective on October 1, 1984, or later and the indexes,
15 tables, and other aids for locating rules prepared by the
16 Secretary of State. The Secretary of State shall design the
17 Illinois Register to supplement the Code. The Secretary of
18 State shall ensure that copies of the Illinois Register are
19 available to the public and governmental entities and
20 agencies.
21 If the Secretary of State determines that the Secretary's
22 office will publish and distribute either the Register or the
23 Code, the Secretary shall make copies available to the public
24 at a reasonable fee, established by the Secretary by rule,
25 and shall make copies available to governmental entities and
26 agencies at a price covering publication and mailing costs
27 only.
28 The Secretary of State shall make the electronically
29 stored database of the Illinois Register and the Code
30 available in accordance with this Section and Section 5.08 of
31 the Legislative Information System Act.
32 (g) The publication of a rule in the Code or in the
33 Illinois Register as an adopted rule shall establish a
34 rebuttable presumption that the rule was duly filed and that
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1 the text of the rule as published in the Code is the text of
2 the rule as adopted. Publication of the text of a rule in any
3 other location whether by the agency or some other person
4 shall not be taken as establishing such a presumption.
5 Judicial or official notice shall be taken of the text of
6 each rule published in the Code or Register.
7 (h) The codification system, the indexes, tables, and
8 other aids for locating rules prepared by the Secretary of
9 State, notes, and other materials developed under this
10 Section in connection with the publication of the Illinois
11 Administrative Code and the Illinois Register shall be the
12 official compilations of the administrative rules of Illinois
13 and shall be entirely in the public domain for purposes of
14 federal copyright law.
15 (i) The Legislative Information System shall maintain on
16 its electronic data processing equipment the complete text of
17 the Illinois Register and Illinois Administrative Code
18 created in compliance with this Act. This electronic
19 information shall be made available for use in the
20 publication of the Illinois Register and Illinois
21 Administrative Code by the Secretary of State if the
22 Secretary determines that his office will publish these
23 materials as authorized by subsection (f).
24 (j) The Legislative Information System, upon
25 consultation with the Joint Committee on Administrative Rules
26 and the Secretary of State, shall make the electronically
27 stored database of the Illinois Register and the Illinois
28 Administrative Code available in an electronically stored
29 medium to those who request it. The Legislative Information
30 System shall establish and charge a reasonable fee for
31 providing the electronic information. Amounts received under
32 this Section shall be deposited into the General Assembly
33 Computer Equipment Revolving Fund.
34 (Source: P.A. 87-823; 88-535; revised 10-31-98.)".