State of Illinois
92nd General Assembly
Legislation

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92_SB1102eng

 
SB1102 Engrossed                              LRB9207956TAcsA

 1        AN ACT concerning administrative procedure.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Illinois Administrative Procedure  Act  is
 5    amended by adding Section 1-90 as follows:

 6        (5 ILCS 100/90 new)
 7        Section 90.   Rulemaking.
 8        (a)  "Rulemaking"   means   the   process   and  required
 9    documentation for the  adoption  of  Illinois  Administrative
10    Code text.
11        (b)  Required documentation.
12             (1)  At  the  time  of original proposal, rulemaking
13        documentation must consist of  a  notice  page  and  new,
14        amendatory,   or   repealed   text.  New,  repealed,  and
15        amendatory text must be depicted in the  manner  required
16        by  Secretary of State rule.  Amendatory rulemakings must
17        indicate text deletion by striking through all text  that
18        is  to  be  omitted  and  must  indicate text addition by
19        underlining all new text.
20             (2)  At the time  of  adoption,  documentation  must
21        also  include  pages indicating the text of the new rule,
22        without striking and underlining, for  inclusion  in  the
23        official  Secretary  of  State records, the certification
24        required  under  Section  5-65(a),  and  any   additional
25        documentation required by Secretary of State rule.
26             (3)  For a required rulemaking adopted under Section
27        5-15,  an  emergency  rulemaking under Section 5-45, or a
28        peremptory   rulemaking   under   Section    5-50,    the
29        documentation  requirements  of paragraphs (b)(1) and (2)
30        of this Section apply at the time of adoption.
31        (c)  "Background  text"  means  existing  text   of   the
 
SB1102 Engrossed            -2-               LRB9207956TAcsA
 1    Illinois Administrative Code that is part of a rulemaking but
 2    is  not  being  amended by the rulemaking. Background text in
 3    rulemaking documentation shall match the current text of  the
 4    Illinois Administrative Code.
 5        (d)  No  material  that  was  originally  proposed in one
 6    rulemaking may be combined with another  proposed  rulemaking
 7    that  was initially published without that material. However,
 8    this  does  not  preclude  separate  rulemakings  from  being
 9    combined  for  publication  at  the  time  of   adoption   as
10    authorized by Secretary of State rule.

11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.

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