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91_SB1158ccr002
LRB9106323MWgcccr6
1 91ST GENERAL ASSEMBLY
2 SECOND CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 1158
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the second conference committee appointed to consider
9 the differences between the houses in relation to House
10 Amendment No. 1 to Senate Bill 1158, recommend the following:
11 (1) that the House recede from House Amendment No. 1;
12 and
13 (2) that Senate Bill 1158 be amended as follows:
14 by replacing everything after the enacting clause with the
15 following:
16 "Section 5. The Illinois Administrative Procedure Act is
17 amended by changing Sections 5-40, 5-45, 5-60, and 5-80 and
18 by adding Section 5-153 as follows:
19 (5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
20 Sec. 5-40. General rulemaking.
21 (a) In all rulemaking to which Sections 5-45 and 5-50 do
22 not apply, each agency shall comply with this Section.
23 (b) Each agency shall give at least 42 45 days' notice
24 of its intended action to the general public. This first
25 notice period shall commence on the first day the notice
26 appears in the Illinois Register. The first notice shall
27 include all the following:
28 (1) The text of the proposed rule, the old and new
29 materials of a proposed amendment, or the text of the
30 provision to be repealed.
31 (2) The specific statutory citation, including the
32 specific Section, subsection, paragraph, and
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1 subparagraph, to the statute upon which the proposed
2 rule, the proposed amendment to a rule, or the proposed
3 repeal of a rule is based and by which it is authorized.
4 (3) A complete description of the subjects and
5 issues involved.
6 (4) For all proposed rules and proposed amendments
7 to rules, an initial regulatory flexibility analysis
8 containing a description of the types of small businesses
9 subject to the rule; a brief description of the proposed
10 reporting, bookkeeping, and other procedures required for
11 compliance with the rule; and a description of the types
12 of professional skills necessary for compliance.
13 (5) The time, place, and manner in which interested
14 persons may present their views and comments concerning
15 the proposed rulemaking.
16 During the first notice period, the agency shall accept
17 from any interested persons data, views, arguments, or
18 comments. These may, in the discretion of the agency, be
19 submitted either orally or in writing or both. The notice
20 published in the Illinois Register shall indicate the manner
21 selected by the agency for the submissions. The agency shall
22 consider all submissions received.
23 The agency shall hold a public hearing on the proposed
24 rulemaking during the first notice period if (i) during the
25 first notice period, the agency finds that a public hearing
26 would facilitate the submission of views and comments that
27 might not otherwise be submitted or (ii) the agency receives
28 a request for a public hearing, within the first 14 days
29 after publication of the notice of proposed rulemaking in the
30 Illinois Register, from 25 interested persons, an association
31 representing at least 100 interested persons, the Governor,
32 the Joint Committee on Administrative Rules, or a unit of
33 local government that may be affected. At the public
34 hearing, the agency shall allow interested persons to present
35 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 60 45 days thereafter unless
21 before that time the agency and the Joint Committee have
22 agreed to extend the second notice period beyond 60 45 days
23 for a period not to exceed an additional 60 45 days or unless
24 the agency has received a statement of objection from the
25 Joint Committee or notification from the Joint Committee that
26 no objection will be issued. Before the expiration of the
27 extended notice period, the agency and the Joint Committee
28 may agree to subsequent extensions not to exceed an
29 additional 45 days each. The written notice to the Joint
30 Committee shall include (i) the text and location of any
31 changes made to the proposed rulemaking during the first
32 notice period in a form prescribed by the Joint Committee;
33 (ii) for all proposed rules and proposed amendments to rules,
34 a final regulatory flexibility analysis containing a summary
35 of issues raised by small businesses during the first notice
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1 period and a description of actions taken on any alternatives
2 to the proposed rule suggested by small businesses during the
3 first notice period, including reasons for rejecting any
4 alternatives not utilized; and (iii) if a written request has
5 been made by the Joint Committee within 30 days after initial
6 notice appears in the Illinois Register under subsection (b)
7 of this Section, an analysis of the economic and budgetary
8 effects of the proposed rulemaking. After commencement of the
9 second notice period, no substantive change may be made to a
10 proposed rulemaking unless it is made in response to an
11 objection or suggestion of the Joint Committee. The agency
12 shall also send a copy of the final regulatory flexibility
13 analysis to each small business that has presented views or
14 comments on the proposed rulemaking during the first notice
15 period and to any other interested person who requests a
16 copy. The agency may charge a reasonable fee for providing
17 the copies to cover postage and handling costs.
18 (d) After the expiration of the second notice period,
19 after notification from the Joint Committee that no objection
20 will be issued, or after a response by the agency to a
21 statement of objections issued by the Joint Committee,
22 whichever is applicable, the agency shall file, under Section
23 5-65 and Section 5-70, a certified copy of each rule,
24 modification, or repeal of any rule adopted by it. The copy
25 shall be published in the Illinois Register. Each rule
26 hereafter adopted under this Section is effective upon filing
27 unless a later effective date is required by statute or is
28 specified in the rulemaking.
29 (e) No rule or modification or repeal of any rule may be
30 adopted, or filed with the Secretary of State, more than one
31 year after the date the first notice period for the
32 rulemaking under subsection (b) commenced. Any period during
33 which the rulemaking is prohibited from being filed under
34 Section 5-115 shall not be considered in calculating this
35 one-year time period.
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1 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
2 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
3 Sec. 5-45. Emergency rulemaking.
4 (a) "Emergency" means the existence of any situation
5 that any agency finds reasonably constitutes a threat to the
6 public interest, safety, or welfare.
7 (b) If any agency finds that an emergency exists that
8 requires adoption of a rule upon fewer days than is required
9 by Section 5-40 and states in writing its reasons for that
10 finding, the agency may adopt an emergency rule without prior
11 notice or hearing upon filing a notice of emergency
12 rulemaking with the Secretary of State under Section 5-70.
13 The notice shall include the text of the emergency rule and
14 shall be published in the Illinois Register. Consent orders
15 or other court orders adopting settlements negotiated by an
16 agency may be adopted under this Section. Subject to
17 applicable constitutional or statutory provisions, an
18 emergency rule becomes effective immediately upon filing
19 under Section 5-65 or at a stated date less than 10 days
20 thereafter. The agency's finding and a statement of the
21 specific reasons for the finding shall be filed with the
22 rule. The agency shall take reasonable and appropriate
23 measures to make emergency rules known to the persons who may
24 be affected by them.
25 (c) An emergency rule may be effective for a period of
26 not longer than 180 150 days, but the agency's authority to
27 adopt an identical rule under Section 5-40 is not precluded.
28 No emergency rule may be adopted more than once in any 24
29 month period, except that this limitation on the number of
30 emergency rules that may be adopted in a 24 month period does
31 not apply to (i) emergency rules that make additions to and
32 deletions from the Drug Manual under Section 5-5.16 of the
33 Illinois Public Aid Code or the generic drug formulary under
34 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
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1 (ii) emergency rules adopted by the Pollution Control Board
2 before July 1, 1997 to implement portions of the Livestock
3 Management Facilities Act. Two or more emergency rules
4 having substantially the same purpose and effect shall be
5 deemed to be a single rule for purposes of this Section.
6 (d) In order to provide for the expeditious and timely
7 implementation of the State's fiscal year 1999 budget,
8 emergency rules to implement any provision of Public Act
9 90-587 or 90-588 this amendatory Act of 1998 or any other
10 budget initiative for fiscal year 1999 may be adopted in
11 accordance with this Section by the agency charged with
12 administering that provision or initiative, except that the
13 24-month limitation on the adoption of emergency rules and
14 the provisions of Sections 5-115 and 5-125 do not apply to
15 rules adopted under this subsection (d). The adoption of
16 emergency rules authorized by this subsection (d) shall be
17 deemed to be necessary for the public interest, safety, and
18 welfare.
19 (Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97;
20 90-587, eff. 7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.)
21 (5 ILCS 100/5-60) (from Ch. 127, par. 1005-60)
22 Sec. 5-60. Regulatory agenda. An agency shall submit
23 for publication in the Illinois Register by January 1 and
24 July 1 of each year a regulatory agenda to elicit public
25 comments concerning any rule that the agency is considering
26 proposing but for which no notice of proposed rulemaking
27 activity has been submitted to the Illinois Register. A
28 regulatory agenda shall consist of summaries of those rules.
29 Each summary shall, in less than 2,000 words, contain the
30 following when practicable:
31 (1) A description of the rule.
32 (2) The statutory authority, including the Section,
33 subsection, paragraph, and subparagraph, the agency is
34 exercising.
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1 (3) A schedule of the dates for any hearings,
2 meetings, or other opportunities for public participation
3 in the development of the rule.
4 (4) The date the agency anticipates submitting a
5 notice of proposed rulemaking activity, if known.
6 (5) The name, address, and telephone number of the
7 agency representative who is knowledgeable about the
8 rule, from whom any information may be obtained, and to
9 whom written comments may be submitted concerning the
10 rule.
11 (6) A statement whether the rule will affect small
12 businesses, not for profit corporations, or small
13 municipalities as defined in this Act.
14 (7) Any other information that may serve the public
15 interest.
16 Nothing in this Section shall preclude an agency from
17 adopting a rule that has not been summarized in a regulatory
18 agenda or from adopting a rule different than one summarized
19 in a regulatory agenda if in the agency head's best judgment
20 it is necessary. If an agency finds that a situation exists
21 that requires adoption of a rule that was not summarized on
22 either of the 2 most recent regulatory agendas, it shall
23 state its reasons in writing together with the facts that
24 form their basis upon filing the notice of proposed
25 rulemaking with the Secretary of State under Section 5-40.
26 Nothing in this Section shall require an agency to adopt a
27 rule summarized in a regulatory agenda. The Secretary of
28 State shall adopt rules necessary for the publication of a
29 regulatory agenda, including but not limited to standard
30 submission forms and deadlines.
31 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
32 (5 ILCS 100/5-80) (from Ch. 127, par. 1005-80)
33 Sec. 5-80. Publication of rules.
34 (a) The Secretary of State shall, by rule, prescribe a
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1 uniform system for the codification of rules. The Secretary
2 of State shall also, by rule, establish a schedule for
3 compliance with the uniform codification system. The
4 Secretary of State shall not adopt any codification system or
5 schedule under this subsection without the approval of the
6 Joint Committee on Administrative Rules. Approval by the
7 Joint Committee shall be conditioned solely upon establishing
8 that the proposed codification system and schedule are
9 compatible with existing electronic data processing equipment
10 and programs maintained by and for the General Assembly.
11 Nothing in this Section shall prohibit an agency from
12 adopting rules in compliance with the codification system
13 earlier than specified in the schedule.
14 (b) Each rule proposed in compliance with the
15 codification system shall be reviewed by the Secretary of
16 State before the expiration of the public notice period under
17 subsection (b) of Section 5-40. The Secretary of State shall
18 cooperate with agencies in the Secretary of State's review to
19 insure that the purposes of the codification system are
20 accomplished. The Secretary of State shall have the authority
21 to make changes in the numbering and location of the rule in
22 the codification scheme if those changes do not affect the
23 meaning of the rules. The Secretary of State may recommend
24 changes in the sectioning and headings proposed by the agency
25 and suggest grammatical and technical changes to correct
26 errors. The Secretary of State may add notes concerning the
27 statutory authority, including the Section, subsection,
28 paragraph, and subparagraph, dates proposed and adopted, and
29 other similar notes to the text of the rules, if the notes
30 are not supplied by the agency. This review by the Secretary
31 of State shall be for the purpose of insuring the uniformity
32 of and compliance with the codification system. The
33 Secretary of State shall prepare indexes by agency, subject
34 matter, and statutory authority and any other necessary
35 indexes, tables, and other aids for locating rules to assist
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1 the public in the use of the Code.
2 (c) The Secretary of State shall make available to the
3 agency and the Joint Committee on Administrative Rules copies
4 of the changes in the numbering and location of the rule in
5 the codification scheme, the recommended changes in the
6 sectioning and headings, and the suggestions made concerning
7 the correction of grammatical and technical errors or other
8 suggested changes. The agency, in the notice required by
9 subsection (c) of Section 5-40, shall provide to the Joint
10 Committee a response to the recommendations of the Secretary
11 of State including any reasons for not adopting the
12 recommendations.
13 (d) If a reorganization of agencies, transfer of
14 functions between agencies, or abolishment of agencies by
15 executive order or law affects rules on file with the
16 Secretary of State, the Secretary of State shall notify the
17 Governor, the Attorney General, and the agencies involved of
18 the effects upon the rules on file. If the Governor or the
19 agencies involved do not respond to the Secretary of State's
20 notice within 45 days by instructing the Secretary of State
21 to delete or transfer the rules, the Secretary of State may
22 delete or place the rules under the appropriate agency for
23 the purpose of insuring the consistency of the codification
24 scheme and shall notify the Governor, the Attorney General,
25 and the agencies involved.
26 (e) (Blank).
27 (f) The Secretary of State shall ensure that the
28 Illinois Administrative Code is published and made available
29 to the public in a form that is updated at least annually.
30 The Code shall contain the complete text of all rules of all
31 State agencies filed with the Secretary's office and
32 effective on October 1, 1984, or later and the indexes,
33 tables, and other aids for locating rules prepared by the
34 Secretary of State. The Secretary of State shall design the
35 Illinois Register to supplement the Code. The Secretary of
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1 State shall ensure that copies of the Illinois Register are
2 available to the public and governmental entities and
3 agencies.
4 If the Secretary of State determines that the Secretary's
5 office will publish and distribute either the Register or the
6 Code, the Secretary shall make copies available to the public
7 at a reasonable fee, established by the Secretary by rule,
8 and shall make copies available to governmental entities and
9 agencies at a price covering publication and mailing costs
10 only.
11 The Secretary of State shall make the electronically
12 stored database of the Illinois Register and the Code
13 available in accordance with this Section and Section 5.08 of
14 the Legislative Information System Act.
15 (g) The publication of a rule in the Code or in the
16 Illinois Register as an adopted rule shall establish a
17 rebuttable presumption that the rule was duly filed and that
18 the text of the rule as published in the Code is the text of
19 the rule as adopted. Publication of the text of a rule in any
20 other location whether by the agency or some other person
21 shall not be taken as establishing such a presumption.
22 Judicial or official notice shall be taken of the text of
23 each rule published in the Code or Register.
24 (h) The codification system, the indexes, tables, and
25 other aids for locating rules prepared by the Secretary of
26 State, notes, and other materials developed under this
27 Section in connection with the publication of the Illinois
28 Administrative Code and the Illinois Register shall be the
29 official compilations of the administrative rules of Illinois
30 and shall be entirely in the public domain for purposes of
31 federal copyright law.
32 (i) The Legislative Information System shall maintain on
33 its electronic data processing equipment the complete text of
34 the Illinois Register and Illinois Administrative Code
35 created in compliance with this Act. This electronic
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1 information shall be made available for use in the
2 publication of the Illinois Register and Illinois
3 Administrative Code by the Secretary of State if the
4 Secretary determines that his office will publish these
5 materials as authorized by subsection (f).
6 (j) The Legislative Information System, upon
7 consultation with the Joint Committee on Administrative Rules
8 and the Secretary of State, shall make the electronically
9 stored database of the Illinois Register and the Illinois
10 Administrative Code available in an electronically stored
11 medium to those who request it. The Legislative Information
12 System shall establish and charge a reasonable fee for
13 providing the electronic information. Amounts received under
14 this Section shall be deposited into the General Assembly
15 Computer Equipment Revolving Fund.
16 (Source: P.A. 87-823; 88-535; revised 10-31-98.)
17 (5 ILCS 100/5-153 new)
18 Sec. 5-153. Database of agency rules. The Department of
19 Central Management Services shall develop a plan, including a
20 detailed timetable, for a centralized, integrated electronic
21 database of official State agency rules. The Department
22 shall submit the plan to the Governor, the General Assembly,
23 and the Joint Committee on Administrative Rules no later than
24 October 15, 1999.
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.".
27 Submitted on May 27, 1999
28 s/Sen. Steven Rauschenberger Rep. Larry McKeon
29 s/Sen. Thomas Walsh Rep. Ricca Slone
30 s/Sen. Adeline Geo-Karis s/Rep. Gary Hannig
31 s/Sen. Barack Obama Rep. Dan Rutherford
32 s/Sen. Louis Viverito Rep. Tom Ryder
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1 Committee for the Senate Committee for the House