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91_SB1158sam001
LRB9106323MWgcam01
1 AMENDMENT TO SENATE BILL 1158
2 AMENDMENT NO. . Amend Senate Bill 1158 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Section 5-40 as follows:
6 (5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
7 Sec. 5-40. General rulemaking.
8 (a) In all rulemaking to which Sections 5-45 and 5-50 do
9 not apply, each agency shall comply with this Section.
10 (b) Each agency shall give at least 60 45 days' notice
11 of its intended action to the general public. This first
12 notice period shall commence on the first day the notice
13 appears in the Illinois Register. The first notice shall
14 include all the following:
15 (1) The text of the proposed rule, the old and new
16 materials of a proposed amendment, or the text of the
17 provision to be repealed.
18 (2) The specific statutory citation upon which the
19 proposed rule, the proposed amendment to a rule, or the
20 proposed repeal of a rule is based and by which it is
21 authorized.
22 (3) A complete description of the subjects and
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1 issues involved.
2 (4) For all proposed rules and proposed amendments
3 to rules, an initial regulatory flexibility analysis
4 containing a description of the types of small businesses
5 subject to the rule; a brief description of the proposed
6 reporting, bookkeeping, and other procedures required for
7 compliance with the rule; and a description of the types
8 of professional skills necessary for compliance.
9 (5) The time, place, and manner in which interested
10 persons may present their views and comments concerning
11 the proposed rulemaking.
12 During the first notice period, the agency shall accept
13 from any interested persons data, views, arguments, or
14 comments. These may, in the discretion of the agency, be
15 submitted either orally or in writing or both. The notice
16 published in the Illinois Register shall indicate the manner
17 selected by the agency for the submissions. The agency shall
18 consider all submissions received.
19 The agency shall hold a public hearing on the proposed
20 rulemaking during the first notice period if (i) during the
21 first notice period, the agency finds that a public hearing
22 would facilitate the submission of views and comments that
23 might not otherwise be submitted or (ii) the agency receives
24 a request for a public hearing, within the first 14 days
25 after publication of the notice of proposed rulemaking in the
26 Illinois Register, from 25 interested persons, an association
27 representing at least 100 interested persons, the Governor,
28 the Joint Committee on Administrative Rules, or a unit of
29 local government that may be affected. At the public
30 hearing, the agency shall allow interested persons to present
31 views and comments on the proposed rulemaking. A public
32 hearing in response to a request for a hearing may not be
33 held less than 20 days after the publication of the notice of
34 proposed rulemaking in the Illinois Register unless notice of
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1 the public hearing is included in the notice of proposed
2 rulemaking. A public hearing on proposed rulemaking may not
3 be held less than 5 days before submission of the notice
4 required under subsection (c) of this Section to the Joint
5 Committee on Administrative Rules. Each agency may prescribe
6 reasonable rules for the conduct of public hearings on
7 proposed rulemaking to prevent undue repetition at the
8 hearings. The hearings must be open to the public and
9 recorded by stenographic or mechanical means. At least one
10 agency representative shall be present during the hearing who
11 is qualified to respond to general questions from the public
12 regarding the agency's proposal and the rulemaking process.
13 (c) Each agency shall provide a second additional notice
14 of the proposed rulemaking to the Joint Committee on
15 Administrative Rules and the general public. The second
16 notice period shall commence on the first day the second
17 notice appears in the Illinois Register The period commencing
18 on the day written notice is received by the Joint Committee
19 shall be known as the second notice period and shall expire
20 60 45 days thereafter unless before that time the agency and
21 the Joint Committee have agreed to extend the second notice
22 period beyond 60 45 days for a period not to exceed an
23 additional 60 45 days or unless the agency has received a
24 statement of objection from the Joint Committee or
25 notification from the Joint Committee that no objection will
26 be issued. Before the expiration of the 60-day extended
27 notice period, the agency and the Joint Committee may agree
28 to a subsequent extension not to exceed an additional 60
29 days. The second written notice to the Joint Committee will
30 be revised by the Joint Committee for publication in the
31 Illinois Register and shall include (i) the text and location
32 of any changes made to the proposed rulemaking during the
33 first notice period in a form prescribed by the Joint
34 Committee; (ii) for all proposed rules and proposed
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1 amendments to rules, a final regulatory flexibility analysis
2 containing a summary of issues raised by small businesses
3 during the first notice period and a description of actions
4 taken on any alternatives to the proposed rule suggested by
5 small businesses during the first notice period, including
6 reasons for rejecting any alternatives not utilized; and
7 (iii) if a written request has been made by the Joint
8 Committee within 30 days after initial notice appears in the
9 Illinois Register under subsection (b) of this Section, an
10 analysis of the economic and budgetary effects of the
11 proposed rulemaking. After commencement of the second notice
12 period, no substantive change may be made to a proposed
13 rulemaking unless it is made in response to an objection or
14 suggestion of the Joint Committee. The agency shall also
15 send a copy of the final regulatory flexibility analysis to
16 each small business that has presented views or comments on
17 the proposed rulemaking during the first notice period and to
18 any other interested person who requests a copy. The agency
19 may charge a reasonable fee for providing the copies to cover
20 postage and handling costs.
21 (d) After the expiration of the second notice period,
22 after notification from the Joint Committee that no objection
23 will be issued, or after a response by the agency to a
24 statement of objections issued by the Joint Committee,
25 whichever is applicable, the agency shall file, under Section
26 5-65, a certified copy of each rule, modification, or repeal
27 of any rule adopted by it. The copy shall be published in
28 the Illinois Register. Each rule hereafter adopted under
29 this Section is effective upon filing unless a later
30 effective date is required by statute or is specified in the
31 rulemaking.
32 (e) No rule or modification or repeal of any rule may be
33 adopted, or filed with the Secretary of State, more than one
34 year after the date the first notice period for the
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1 rulemaking under subsection (b) commenced. Any period during
2 which the rulemaking is prohibited from being filed under
3 Section 5-115 shall not be considered in calculating this
4 one-year time period.
5 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)".