August 14, 2009
To the Honorable Members of the House of Representatives,
96th General Assembly:
I hereby return HB 276 with the following specific
recommendations for change.
HB 276 provides that “for purposes of clarification only”,
agencies must adopt rules in accordance with the currently-applicable
requirements of the Illinois Administrative Procedure Act unless there is a
specific exemption set forth in statute. HB 276 also states that the
requirement to adopt rules unless exempted from doing so pursuant to an
explicit statutory exemption applies to “in addition to all other agency
policies affecting persons or entities outside the agency, grant-making
policies.”
Existing law requires agencies to perform the actions this
bill contemplates. This legislation confuses an issue made very clear by
existing law. The Illinois Administrative Procedure Act (“Act”) provides a
definition of the term “rule” that indicates when an agency must promulgate
rules and when it need not. 5 ILCS 100/1-70. The first sentence of this
legislation restates a part of the Act’s definition of rules. It is therefore
a redundant and incomplete statement of the law that already binds us.
The second and third sentences of HB 276 indicate a desire
to make sure that agencies adhere to rulemaking procedures when soliciting
applications for, awarding, disbursing, and making records of, grants. I note
that under Section 5-15(a)(2) of the Act, agencies must “maintain as
rules … the current procedures by which the public can obtain information or
make submissions or requests on subjects, programs, and activities of the
agency.” 5 ILCS 100/5-15(a)(2). Therefore, existing law mandates that
agencies adhere to the rulemaking procedures as contemplated by House Bill 276.
I agree with members of the General Assembly that the
processes by which agencies distribute grants must be formalized, transparent,
and fair. However, HB 276 restates, incompletely and out of context, existing
provisions of law and frustrates the realization of that shared goal.
Because I share the goal of a formal, transparent and
efficient process for distributing grants, I hereby make the specific
recommendations for change set forth below.
Therefore, pursuant to Article IV, Section 9(e) of the
Illinois Constitution of 1970, I hereby return House Bill 557, entitled “AN ACT
concerning government, with the following specific recommendation for change:
On Page 1, delete lines 22-23;
On Page 2, delete lines 1-13;
On Page 5, by inserting after line 4:
“Section 5. The Illinois
Administrative Procedure Act is amended by changing Section 5-20 as follows:
Sec. 5‑20. Implementing
discretionary powers. Each rule that implements a discretionary power to be
exercised by an agency shall include the standards by which the agency shall
exercise the power. The standards shall be stated as precisely and clearly as
practicable under the conditions to inform fully those persons affected. For
purposes of this Section 5-20, the term “discretionary power” shall include the
authority to award monetary grants.”
With these changes, House Bill 276
will have my approval. I respectfully request your concurrence.
Sincerely,
PAT QUINN
Governor