Full Text of SB1875 103rd General Assembly
SB1875eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 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 changing Sections 5-40, 5-45, 5-50, 5-60, and 5-65 | 6 | | 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 its | 12 | | 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 the | 15 | | 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proposed amendment, or the text of the | 18 | | provision to be repealed.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 upon which the | 20 | | proposed rule, the
proposed amendment to a rule, or the | 21 | | proposed repeal of a rule is based and
by which it is | 22 | | authorized.
| 23 | | (3) A complete description of the subjects and issues |
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| 1 | | involved.
| 2 | | (3.5) A descriptive title or other description of any | 3 | | published study or
research
report used in developing the | 4 | | rule, the identity of the person who performed
such study, | 5 | | and a description of where the public may obtain a copy of | 6 | | any such
study or research report. If the study was | 7 | | performed by an agency or by a
person or entity that | 8 | | contracted with the agency for the performance of the
| 9 | | study, the agency shall also make copies of the underlying | 10 | | data available to
members of the public upon request if | 11 | | the data are not protected from
disclosure under
the | 12 | | Freedom of Information Act.
| 13 | | (4) For all proposed rules and proposed amendments to | 14 | | rules, an initial
regulatory flexibility analysis | 15 | | containing a description of the types of
small businesses | 16 | | subject to the rule; a brief description of the proposed
| 17 | | reporting, bookkeeping, and other procedures required for | 18 | | compliance with
the rule; and a description of the types | 19 | | of professional skills necessary
for compliance.
| 20 | | (5) The time, place, and manner in which interested | 21 | | persons
may present their views and comments concerning | 22 | | the proposed rulemaking.
| 23 | | During the first notice period, the agency shall accept | 24 | | from any interested
persons data, views, arguments, or | 25 | | comments from any interested persons . The agency shall accept | 26 | | submissions in writing, including submissions by email. In the |
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| 1 | | discretion of the agency, submissions may be submitted orally. | 2 | | These may, in the discretion of
the agency, be submitted | 3 | | either orally or in writing or both. The notice
published in | 4 | | the Illinois Register shall indicate the manner selected by | 5 | | the
agency for the submissions , including the email address | 6 | | where submissions will be accepted . The agency shall consider | 7 | | all submissions
received.
| 8 | | The agency shall hold a public hearing on the proposed | 9 | | rulemaking during
the first notice period if (i) during the | 10 | | first notice period, the
agency finds that a public hearing
| 11 | | would facilitate the submission of views and comments that | 12 | | might not
otherwise be submitted or (ii) the agency receives a | 13 | | request for a public
hearing, within the first 14 days after | 14 | | publication of the notice of
proposed rulemaking in the | 15 | | Illinois Register, from 25 interested persons,
an association | 16 | | representing at least 100 interested persons, the Governor,
| 17 | | the Joint Committee on Administrative Rules, or a unit of | 18 | | local government
that may be affected. At the public hearing, | 19 | | the agency shall allow
interested persons to present views and | 20 | | comments on the proposed
rulemaking. A public hearing in | 21 | | response to a request for a hearing may
not be held less than | 22 | | 20 days after the publication of the notice of
proposed | 23 | | rulemaking in the Illinois Register unless notice of the | 24 | | public
hearing is included in the notice of proposed | 25 | | rulemaking. A public hearing
on proposed rulemaking may not be | 26 | | held less than 5 days before submission
of the notice required |
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| 1 | | under subsection (c) of this Section to the Joint
Committee on | 2 | | Administrative Rules. Each agency may prescribe reasonable
| 3 | | rules for the conduct of public hearings on proposed | 4 | | rulemaking to prevent
undue repetition at the hearings. The | 5 | | hearings must be open to the public
and recorded by | 6 | | stenographic or mechanical means.
At least one agency | 7 | | representative shall be present during the hearing who
is | 8 | | qualified to respond to general questions from the public | 9 | | regarding the
agency's proposal and the rulemaking process.
| 10 | | (c) Each agency shall provide additional notice of the | 11 | | proposed rulemaking
to the Joint Committee on Administrative | 12 | | Rules. The period commencing on
the day written notice is | 13 | | received by the Joint Committee shall be known as
the second | 14 | | notice period and shall expire 45 days thereafter unless | 15 | | before
that time the agency and the Joint Committee have | 16 | | agreed to extend the
second notice period beyond 45 days for a | 17 | | period not to exceed an
additional 45 days or unless the agency | 18 | | has received a statement of
objection from the Joint Committee | 19 | | or notification from the Joint Committee
that no objection | 20 | | will be issued. The written notice to the Joint
Committee | 21 | | shall include (i) the text and location of any changes made to
| 22 | | the proposed rulemaking during the first notice period in a | 23 | | form prescribed
by the Joint Committee; (ii) for all
proposed | 24 | | rules and proposed amendments to rules, a final regulatory
| 25 | | flexibility analysis containing a summary of issues raised by | 26 | | small
businesses during the first notice period and a |
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| 1 | | description of actions
taken on any alternatives to the | 2 | | proposed rule suggested by small
businesses during the first | 3 | | 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 copy. | 16 | | The
agency may charge a reasonable fee for providing the | 17 | | 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, a certified copy of each rule, modification, or repeal | 24 | | of any rule
adopted by it. The copy shall be published in the | 25 | | Illinois Register. Each
rule hereafter adopted under this | 26 | | Section is effective upon filing unless a
later effective date |
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| 1 | | is required by statute or is specified in the
rulemaking.
| 2 | | (e) No rule or modification or repeal of any rule may be | 3 | | adopted, or filed
with the Secretary of State, more than one | 4 | | year after the date the first
notice period for the rulemaking | 5 | | under subsection (b) commenced. Any
period during which the | 6 | | rulemaking is prohibited from being filed under
Section 5-115 | 7 | | shall not be considered in calculating this one-year time | 8 | | period.
| 9 | | (Source: P.A. 92-330, eff. 1-1-02 .)
| 10 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 11 | | Sec. 5-45. Emergency rulemaking. | 12 | | (a) "Emergency" means the existence of any situation that | 13 | | any agency
finds reasonably constitutes a threat to the public | 14 | | interest, safety, or
welfare. | 15 | | (b) If any agency finds that an
emergency exists that | 16 | | requires adoption of a rule upon fewer days than
is required by | 17 | | Section 5-40 and states in writing its reasons for that
| 18 | | finding, the agency may adopt an emergency rule without prior | 19 | | notice or
hearing upon filing a notice of emergency rulemaking | 20 | | with the Secretary of
State under Section 5-70. The notice | 21 | | shall include the text of the
emergency rule and shall be | 22 | | published in the Illinois Register. Consent
orders or other | 23 | | court orders adopting settlements negotiated by an agency
may | 24 | | be adopted under this Section. Subject to applicable | 25 | | constitutional or
statutory provisions, an emergency rule |
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| 1 | | becomes effective immediately upon
filing under Section 5-65 | 2 | | or at a stated date less than 10 days
thereafter. The agency's | 3 | | finding and a statement of the specific reasons
for the | 4 | | finding shall be filed with the rule. The agency shall take
| 5 | | reasonable and appropriate measures to make emergency rules | 6 | | known to the
persons who may be affected by them. The agency | 7 | | shall accept data, views, arguments, or comments regarding the | 8 | | emergency rulemaking from any interested persons. The agency | 9 | | shall accept submissions in writing, including submissions by | 10 | | email. In the discretion of the agency, submissions may be | 11 | | submitted orally. The notice published in the Illinois | 12 | | Register shall indicate the manner selected by the agency for | 13 | | the submissions, including the email address where submissions | 14 | | will be accepted. The agency shall consider all submissions | 15 | | received. | 16 | | (c) An emergency rule may be effective for a period of not | 17 | | longer than
150 days, but the agency's authority to adopt an | 18 | | identical rule under Section
5-40 is not precluded. No | 19 | | emergency rule may be adopted more
than once in any 24-month | 20 | | period, except that this limitation on the number
of emergency | 21 | | rules that may be adopted in a 24-month period does not apply
| 22 | | to (i) emergency rules that make additions to and deletions | 23 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 24 | | Public Aid Code or the
generic drug formulary under Section | 25 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 26 | | emergency rules adopted by the Pollution Control
Board before |
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| 1 | | July 1, 1997 to implement portions of the Livestock Management
| 2 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 3 | | Department of Public Health under subsections (a) through (i) | 4 | | of Section 2 of the Department of Public Health Act when | 5 | | necessary to protect the public's health, (iv) emergency rules | 6 | | adopted pursuant to subsection (n) of this Section, (v) | 7 | | emergency rules adopted pursuant to subsection (o) of this | 8 | | Section, or (vi) emergency rules adopted pursuant to | 9 | | subsection (c-5) of this Section. Two or more emergency rules | 10 | | having substantially the same
purpose and effect shall be | 11 | | deemed to be a single rule for purposes of this
Section. | 12 | | (c-5) To facilitate the maintenance of the program of | 13 | | group health benefits provided to annuitants, survivors, and | 14 | | retired employees under the State Employees Group Insurance | 15 | | Act of 1971, rules to alter the contributions to be paid by the | 16 | | State, annuitants, survivors, retired employees, or any | 17 | | combination of those entities, for that program of group | 18 | | health benefits, shall be adopted as emergency rules. The | 19 | | adoption of those rules shall be considered an emergency and | 20 | | necessary for the public interest, safety, and welfare. | 21 | | (d) In order to provide for the expeditious and timely | 22 | | implementation
of the State's fiscal year 1999 budget, | 23 | | emergency rules to implement any
provision of Public Act | 24 | | 90-587 or 90-588
or any other budget initiative for fiscal | 25 | | year 1999 may be adopted in
accordance with this Section by the | 26 | | agency charged with administering that
provision or |
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| 1 | | initiative, except that the 24-month limitation on the | 2 | | adoption
of emergency rules and the provisions of Sections | 3 | | 5-115 and 5-125 do not apply
to rules adopted under this | 4 | | subsection (d). The adoption of emergency rules
authorized by | 5 | | this subsection (d) shall be deemed to be necessary for the
| 6 | | public interest, safety, and welfare. | 7 | | (e) In order to provide for the expeditious and timely | 8 | | implementation
of the State's fiscal year 2000 budget, | 9 | | emergency rules to implement any
provision of Public Act 91-24
| 10 | | or any other budget initiative for fiscal year 2000 may be | 11 | | adopted in
accordance with this Section by the agency charged | 12 | | with administering that
provision or initiative, except that | 13 | | the 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 (e). The adoption of | 16 | | emergency rules
authorized by this subsection (e) shall be | 17 | | deemed to be necessary for the
public interest, safety, and | 18 | | welfare. | 19 | | (f) In order to provide for the expeditious and timely | 20 | | implementation
of the State's fiscal year 2001 budget, | 21 | | emergency rules to implement any
provision of Public Act | 22 | | 91-712
or any other budget initiative for fiscal year 2001 may | 23 | | be adopted in
accordance with this Section by the agency | 24 | | charged with administering that
provision or initiative, | 25 | | except that the 24-month limitation on the adoption
of | 26 | | emergency rules and the provisions of Sections 5-115 and 5-125 |
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| 1 | | do not apply
to rules adopted under this subsection (f). The | 2 | | adoption of emergency rules
authorized by this subsection (f) | 3 | | shall be deemed to be necessary for the
public interest, | 4 | | safety, and welfare. | 5 | | (g) In order to provide for the expeditious and timely | 6 | | implementation
of the State's fiscal year 2002 budget, | 7 | | emergency rules to implement any
provision of Public Act 92-10
| 8 | | or any other budget initiative for fiscal year 2002 may be | 9 | | adopted in
accordance with this Section by the agency charged | 10 | | with administering that
provision or initiative, except that | 11 | | the 24-month limitation on the adoption
of emergency rules and | 12 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 13 | | rules adopted under this subsection (g). The adoption of | 14 | | emergency rules
authorized by this subsection (g) shall be | 15 | | deemed to be necessary for the
public interest, safety, and | 16 | | welfare. | 17 | | (h) In order to provide for the expeditious and timely | 18 | | implementation
of the State's fiscal year 2003 budget, | 19 | | emergency rules to implement any
provision of Public Act | 20 | | 92-597
or any other budget initiative for fiscal year 2003 may | 21 | | be adopted in
accordance with this Section by the agency | 22 | | charged with administering that
provision or initiative, | 23 | | except that the 24-month limitation on the adoption
of | 24 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 25 | | do not apply
to rules adopted under this subsection (h). The | 26 | | adoption of emergency rules
authorized by this subsection (h) |
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| 1 | | shall be deemed to be necessary for the
public interest, | 2 | | safety, and welfare. | 3 | | (i) In order to provide for the expeditious and timely | 4 | | implementation
of the State's fiscal year 2004 budget, | 5 | | emergency rules to implement any
provision of Public Act 93-20
| 6 | | or any other budget initiative for fiscal year 2004 may be | 7 | | adopted in
accordance with this Section by the agency charged | 8 | | with administering that
provision or initiative, except that | 9 | | the 24-month limitation on the adoption
of emergency rules and | 10 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 11 | | rules adopted under this subsection (i). The adoption of | 12 | | emergency rules
authorized by this subsection (i) shall be | 13 | | deemed to be necessary for the
public interest, safety, and | 14 | | welfare. | 15 | | (j) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of the State's fiscal year | 17 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 18 | | Implementation (Human Services) Act, emergency rules to | 19 | | implement any provision of the Fiscal Year 2005 Budget | 20 | | Implementation (Human Services) Act may be adopted in | 21 | | accordance with this Section by the agency charged with | 22 | | administering that provision, except that the 24-month | 23 | | limitation on the adoption of emergency rules and the | 24 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 25 | | adopted under this subsection (j). The Department of Public | 26 | | Aid may also adopt rules under this subsection (j) necessary |
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| 1 | | to administer the Illinois Public Aid Code and the Children's | 2 | | Health Insurance Program Act. The adoption of emergency rules | 3 | | authorized by this subsection (j) shall be deemed to be | 4 | | necessary for the public interest, safety, and welfare.
| 5 | | (k) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of the State's fiscal year | 7 | | 2006 budget, emergency rules to implement any provision of | 8 | | Public Act 94-48 or any other budget initiative for fiscal | 9 | | year 2006 may be adopted in accordance with this Section by the | 10 | | agency charged with administering that provision or | 11 | | initiative, except that the 24-month limitation on the | 12 | | adoption of emergency rules and the provisions of Sections | 13 | | 5-115 and 5-125 do not apply to rules adopted under this | 14 | | subsection (k). The Department of Healthcare and Family | 15 | | Services may also adopt rules under this subsection (k) | 16 | | necessary to administer the Illinois Public Aid Code, the | 17 | | Senior Citizens and Persons with Disabilities Property Tax | 18 | | Relief Act, the Senior Citizens and Disabled Persons | 19 | | Prescription Drug Discount Program Act (now the Illinois | 20 | | Prescription Drug Discount Program Act), and the Children's | 21 | | Health Insurance Program Act. The adoption of emergency rules | 22 | | authorized by this subsection (k) shall be deemed to be | 23 | | necessary for the public interest, safety, and welfare.
| 24 | | (l) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of the
State's fiscal year | 26 | | 2007 budget, the Department of Healthcare and Family Services |
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| 1 | | may adopt emergency rules during fiscal year 2007, including | 2 | | rules effective July 1, 2007, in
accordance with this | 3 | | subsection to the extent necessary to administer the | 4 | | Department's responsibilities with respect to amendments to | 5 | | the State plans and Illinois waivers approved by the federal | 6 | | Centers for Medicare and Medicaid Services necessitated by the | 7 | | requirements of Title XIX and Title XXI of the federal Social | 8 | | Security Act. The adoption of emergency rules
authorized by | 9 | | this subsection (l) shall be deemed to be necessary for the | 10 | | public interest,
safety, and welfare.
| 11 | | (m) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of the
State's fiscal year | 13 | | 2008 budget, the Department of Healthcare and Family Services | 14 | | may adopt emergency rules during fiscal year 2008, including | 15 | | rules effective July 1, 2008, in
accordance with this | 16 | | subsection to the extent necessary to administer the | 17 | | Department's responsibilities with respect to amendments to | 18 | | the State plans and Illinois waivers approved by the federal | 19 | | Centers for Medicare and Medicaid Services necessitated by the | 20 | | requirements of Title XIX and Title XXI of the federal Social | 21 | | Security Act. The adoption of emergency rules
authorized by | 22 | | this subsection (m) shall be deemed to be necessary for the | 23 | | public interest,
safety, and welfare.
| 24 | | (n) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of the State's fiscal year | 26 | | 2010 budget, emergency rules to implement any provision of |
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| 1 | | Public Act 96-45 or any other budget initiative authorized by | 2 | | the 96th General Assembly for fiscal year 2010 may be adopted | 3 | | in accordance with this Section by the agency charged with | 4 | | administering that provision or initiative. The adoption of | 5 | | emergency rules authorized by this subsection (n) shall be | 6 | | deemed to be necessary for the public interest, safety, and | 7 | | welfare. The rulemaking authority granted in this subsection | 8 | | (n) shall apply only to rules promulgated during Fiscal Year | 9 | | 2010. | 10 | | (o) In order to provide for the expeditious and timely | 11 | | implementation of the provisions of the State's fiscal year | 12 | | 2011 budget, emergency rules to implement any provision of | 13 | | Public Act 96-958 or any other budget initiative authorized by | 14 | | the 96th General Assembly for fiscal year 2011 may be adopted | 15 | | in accordance with this Section by the agency charged with | 16 | | administering that provision or initiative. The adoption of | 17 | | emergency rules authorized by this subsection (o) is deemed to | 18 | | be necessary for the public interest, safety, and welfare. The | 19 | | rulemaking authority granted in this subsection (o) applies | 20 | | only to rules promulgated on or after July 1, 2010 (the | 21 | | effective date of Public Act 96-958) through June 30, 2011. | 22 | | (p) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of Public Act 97-689, | 24 | | emergency rules to implement any provision of Public Act | 25 | | 97-689 may be adopted in accordance with this subsection (p) | 26 | | by the agency charged with administering that provision or |
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| 1 | | initiative. The 150-day limitation of the effective period of | 2 | | emergency rules does not apply to rules adopted under this | 3 | | subsection (p), and the effective period may continue through | 4 | | June 30, 2013. The 24-month limitation on the adoption of | 5 | | emergency rules does not apply to rules adopted under this | 6 | | subsection (p). The adoption of emergency rules authorized by | 7 | | this subsection (p) is deemed to be necessary for the public | 8 | | interest, safety, and welfare. | 9 | | (q) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 11 | | 12 of Public Act 98-104, emergency rules to implement any | 12 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 13 | | may be adopted in accordance with this subsection (q) by the | 14 | | agency charged with administering that provision or | 15 | | initiative. The 24-month limitation on the adoption of | 16 | | emergency rules does not apply to rules adopted under this | 17 | | subsection (q). The adoption of emergency rules authorized by | 18 | | this subsection (q) is deemed to be necessary for the public | 19 | | interest, safety, and welfare. | 20 | | (r) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Public Act 98-651, | 22 | | emergency rules to implement Public Act 98-651 may be adopted | 23 | | in accordance with this subsection (r) by the Department of | 24 | | Healthcare and Family Services. The 24-month limitation on the | 25 | | adoption of emergency rules does not apply to rules adopted | 26 | | under this subsection (r). The adoption of emergency rules |
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| 1 | | authorized by this subsection (r) is deemed to be necessary | 2 | | for the public interest, safety, and welfare. | 3 | | (s) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 | 5 | | of the Illinois Public Aid Code, emergency rules to implement | 6 | | any provision of Section 5-5b.1 or Section 5A-2 of the | 7 | | Illinois Public Aid Code may be adopted in accordance with | 8 | | this subsection (s) by the Department of Healthcare and Family | 9 | | Services. The rulemaking authority granted in this subsection | 10 | | (s) shall apply only to those rules adopted prior to July 1, | 11 | | 2015. Notwithstanding any other provision of this Section, any | 12 | | emergency rule adopted under this subsection (s) shall only | 13 | | apply to payments made for State fiscal year 2015. The | 14 | | adoption of emergency rules authorized by this subsection (s) | 15 | | is deemed to be necessary for the public interest, safety, and | 16 | | welfare. | 17 | | (t) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of Article II of Public Act | 19 | | 99-6, emergency rules to implement the changes made by Article | 20 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 21 | | be adopted in accordance with this subsection (t) by the | 22 | | Department of State Police. The rulemaking authority granted | 23 | | in this subsection (t) shall apply only to those rules adopted | 24 | | prior to July 1, 2016. The 24-month limitation on the adoption | 25 | | of emergency rules does not apply to rules adopted under this | 26 | | subsection (t). The adoption of emergency rules authorized by |
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| 1 | | this subsection (t) is deemed to be necessary for the public | 2 | | interest, safety, and welfare. | 3 | | (u) In order to provide for the expeditious and timely | 4 | | implementation of the provisions of the Burn Victims Relief | 5 | | Act, emergency rules to implement any provision of the Act may | 6 | | be adopted in accordance with this subsection (u) by the | 7 | | Department of Insurance. The rulemaking authority granted in | 8 | | this subsection (u) shall apply only to those rules adopted | 9 | | prior to December 31, 2015. The adoption of emergency rules | 10 | | authorized by this subsection (u) is deemed to be necessary | 11 | | for the public interest, safety, and welfare. | 12 | | (v) In order to provide for the expeditious and timely | 13 | | implementation of the provisions of Public Act 99-516, | 14 | | emergency rules to implement Public Act 99-516 may be adopted | 15 | | in accordance with this subsection (v) by the Department of | 16 | | Healthcare and Family Services. The 24-month limitation on the | 17 | | adoption of emergency rules does not apply to rules adopted | 18 | | under this subsection (v). The adoption of emergency rules | 19 | | authorized by this subsection (v) is deemed to be necessary | 20 | | for the public interest, safety, and welfare. | 21 | | (w) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of Public Act 99-796, | 23 | | emergency rules to implement the changes made by Public Act | 24 | | 99-796 may be adopted in accordance with this subsection (w) | 25 | | by the Adjutant General. The adoption of emergency rules | 26 | | authorized by this subsection (w) is deemed to be necessary |
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| 1 | | for the public interest, safety, and welfare. | 2 | | (x) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of Public Act 99-906, | 4 | | emergency rules to implement subsection (i) of Section | 5 | | 16-115D, subsection (g) of Section 16-128A, and subsection (a) | 6 | | of Section 16-128B of the Public Utilities Act may be adopted | 7 | | in accordance with this subsection (x) by the Illinois | 8 | | Commerce Commission. The rulemaking authority granted in this | 9 | | subsection (x) shall apply only to those rules adopted within | 10 | | 180 days after June 1, 2017 (the effective date of Public Act | 11 | | 99-906). The adoption of emergency rules authorized by this | 12 | | subsection (x) is deemed to be necessary for the public | 13 | | interest, safety, and welfare. | 14 | | (y) In order to provide for the expeditious and timely | 15 | | implementation of the provisions of Public Act 100-23, | 16 | | emergency rules to implement the changes made by Public Act | 17 | | 100-23 to Section 4.02 of the Illinois Act on the Aging, | 18 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 19 | | Section 55-30 of the Alcoholism and Other Drug Abuse and | 20 | | Dependency Act, and Sections 74 and 75 of the Mental Health and | 21 | | Developmental Disabilities Administrative Act may be adopted | 22 | | in accordance with this subsection (y) by the respective | 23 | | Department. The adoption of emergency rules authorized by this | 24 | | subsection (y) is deemed to be necessary for the public | 25 | | interest, safety, and welfare. | 26 | | (z) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of Public Act 100-554, | 2 | | emergency rules to implement the changes made by Public Act | 3 | | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | 4 | | adopted in accordance with this subsection (z) by the | 5 | | Secretary of State. The adoption of emergency rules authorized | 6 | | by this subsection (z) is deemed to be necessary for the public | 7 | | interest, safety, and welfare. | 8 | | (aa) In order to provide for the expeditious and timely | 9 | | initial implementation of the changes made to Articles 5, 5A, | 10 | | 12, and 14 of the Illinois Public Aid Code under the provisions | 11 | | of Public Act 100-581, the Department of Healthcare and Family | 12 | | Services may adopt emergency rules in accordance with this | 13 | | subsection (aa). The 24-month limitation on the adoption of | 14 | | emergency rules does not apply to rules to initially implement | 15 | | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | 16 | | Public Aid Code adopted under this subsection (aa). The | 17 | | adoption of emergency rules authorized by this subsection (aa) | 18 | | is deemed to be necessary for the public interest, safety, and | 19 | | welfare. | 20 | | (bb) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Public Act 100-587, | 22 | | emergency rules to implement the changes made by Public Act | 23 | | 100-587 to Section 4.02 of the Illinois Act on the Aging, | 24 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 25 | | subsection (b) of Section 55-30 of the Alcoholism and Other | 26 | | Drug Abuse and Dependency Act, Section 5-104 of the |
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| 1 | | Specialized Mental Health Rehabilitation Act of 2013, and | 2 | | Section 75 and subsection (b) of Section 74 of the Mental | 3 | | Health and Developmental Disabilities Administrative Act may | 4 | | be adopted in accordance with this subsection (bb) by the | 5 | | respective Department. The adoption of emergency rules | 6 | | authorized by this subsection (bb) is deemed to be necessary | 7 | | for the public interest, safety, and welfare. | 8 | | (cc) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of Public Act 100-587, | 10 | | emergency rules may be adopted in accordance with this | 11 | | subsection (cc) to implement the changes made by Public Act | 12 | | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | 13 | | Pension Code by the Board created under Article 14 of the Code; | 14 | | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | 15 | | the Board created under Article 15 of the Code; and Sections | 16 | | 16-190.5 and 16-190.6 of the Illinois Pension Code by the | 17 | | Board created under Article 16 of the Code. The adoption of | 18 | | emergency rules authorized by this subsection (cc) is deemed | 19 | | to be necessary for the public interest, safety, and welfare. | 20 | | (dd) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Public Act 100-864, | 22 | | emergency rules to implement the changes made by Public Act | 23 | | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | 24 | | may be adopted in accordance with this subsection (dd) by the | 25 | | Secretary of State. The adoption of emergency rules authorized | 26 | | by this subsection (dd) is deemed to be necessary for the |
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| 1 | | public interest, safety, and welfare. | 2 | | (ee) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of Public Act 100-1172, | 4 | | emergency rules implementing the Illinois Underground Natural | 5 | | Gas Storage Safety Act may be adopted in accordance with this | 6 | | subsection by the Department of Natural Resources. The | 7 | | adoption of emergency rules authorized by this subsection is | 8 | | deemed to be necessary for the public interest, safety, and | 9 | | welfare. | 10 | | (ff) In order to provide for the expeditious and timely | 11 | | initial implementation of the changes made to Articles 5A and | 12 | | 14 of the Illinois Public Aid Code under the provisions of | 13 | | Public Act 100-1181, the Department of Healthcare and Family | 14 | | Services may on a one-time-only basis adopt emergency rules in | 15 | | accordance with this subsection (ff). The 24-month limitation | 16 | | on the adoption of emergency rules does not apply to rules to | 17 | | initially implement the changes made to Articles 5A and 14 of | 18 | | the Illinois Public Aid Code adopted under this subsection | 19 | | (ff). The adoption of emergency rules authorized by this | 20 | | subsection (ff) is deemed to be necessary for the public | 21 | | interest, safety, and welfare. | 22 | | (gg) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of Public Act 101-1, | 24 | | emergency rules may be adopted by the Department of Labor in | 25 | | accordance with this subsection (gg) to implement the changes | 26 | | made by Public Act 101-1 to the Minimum Wage Law. The adoption |
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| 1 | | of emergency rules authorized by this subsection (gg) is | 2 | | deemed to be necessary for the public interest, safety, and | 3 | | welfare. | 4 | | (hh) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of Public Act 101-10, | 6 | | emergency rules may be adopted in accordance with this | 7 | | subsection (hh) to implement the changes made by Public Act | 8 | | 101-10 to subsection (j) of Section 5-5.2 of the Illinois | 9 | | Public Aid Code. The adoption of emergency rules authorized by | 10 | | this subsection (hh) is deemed to be necessary for the public | 11 | | interest, safety, and welfare. | 12 | | (ii) In order to provide for the expeditious and timely | 13 | | implementation of the provisions of Public Act 101-10, | 14 | | emergency rules to implement the changes made by Public Act | 15 | | 101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid | 16 | | Code may be adopted in accordance with this subsection (ii) by | 17 | | the Department of Public Health. The adoption of emergency | 18 | | rules authorized by this subsection (ii) is deemed to be | 19 | | necessary for the public interest, safety, and welfare. | 20 | | (jj) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Public Act 101-10, | 22 | | emergency rules to implement the changes made by Public Act | 23 | | 101-10 to Section 74 of the Mental Health and Developmental | 24 | | Disabilities Administrative Act may be adopted in accordance | 25 | | with this subsection (jj) by the Department of Human Services. | 26 | | The adoption of emergency rules authorized by this subsection |
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| 1 | | (jj) is deemed to be necessary for the public interest, | 2 | | safety, and welfare. | 3 | | (kk) In order to provide for the expeditious and timely | 4 | | implementation of the Cannabis Regulation and Tax Act, Public | 5 | | Act 101-27, and Public Act 102-98, the Department of Revenue, | 6 | | the Department of Public Health, the Department of | 7 | | Agriculture, the Department of State Police, and the | 8 | | Department of Financial and Professional Regulation may adopt | 9 | | emergency rules in accordance with this subsection (kk). The | 10 | | rulemaking authority granted in this subsection (kk) shall | 11 | | apply only to rules adopted before December 31, 2021. | 12 | | Notwithstanding the provisions of subsection (c), emergency | 13 | | rules adopted under this subsection (kk) shall be effective | 14 | | for 180 days. The adoption of emergency rules authorized by | 15 | | this subsection (kk) is deemed to be necessary for the public | 16 | | interest, safety, and welfare. | 17 | | (ll) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of the Leveling the Playing | 19 | | Field for Illinois Retail Act, emergency rules may be adopted | 20 | | in accordance with this subsection (ll) to implement the | 21 | | changes made by the Leveling the Playing Field for Illinois | 22 | | Retail Act. The adoption of emergency rules authorized by this | 23 | | subsection (ll) is deemed to be necessary for the public | 24 | | interest, safety, and welfare. | 25 | | (mm) In order to provide for the expeditious and timely | 26 | | implementation of the provisions of Section 25-70 of the |
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| 1 | | Sports Wagering Act, emergency rules to implement Section | 2 | | 25-70 of the Sports Wagering Act may be adopted in accordance | 3 | | with this subsection (mm) by the Department of the Lottery as | 4 | | provided in the Sports Wagering Act. The adoption of emergency | 5 | | rules authorized by this subsection (mm) is deemed to be | 6 | | necessary for the public interest, safety, and welfare. | 7 | | (nn) In order to provide for the expeditious and timely | 8 | | implementation of the Sports Wagering Act, emergency rules to | 9 | | implement the Sports Wagering Act may be adopted in accordance | 10 | | with this subsection (nn) by the Illinois Gaming Board. The | 11 | | adoption of emergency rules authorized by this subsection (nn) | 12 | | is deemed to be necessary for the public interest, safety, and | 13 | | welfare. | 14 | | (oo) In order to provide for the expeditious and timely | 15 | | implementation of the provisions of subsection (c) of Section | 16 | | 20 of the Video Gaming Act, emergency rules to implement the | 17 | | provisions of subsection (c) of Section 20 of the Video Gaming | 18 | | Act may be adopted in accordance with this subsection (oo) by | 19 | | the Illinois Gaming Board. The adoption of emergency rules | 20 | | authorized by this subsection (oo) is deemed to be necessary | 21 | | for the public interest, safety, and welfare. | 22 | | (pp) In order to provide for the expeditious and timely
| 23 | | implementation of the provisions of Section 50 of the Sexual
| 24 | | Assault Evidence Submission Act, emergency rules to implement
| 25 | | Section 50 of the Sexual Assault Evidence Submission Act may | 26 | | be
adopted in accordance with this subsection (pp) by the
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| 1 | | Department of State Police. The adoption of emergency rules
| 2 | | authorized by this subsection (pp) is deemed to be necessary
| 3 | | for the public interest, safety, and welfare. | 4 | | (qq) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of the Illinois Works Jobs | 6 | | Program Act, emergency rules may be adopted in accordance with | 7 | | this subsection (qq) to implement the Illinois Works Jobs | 8 | | Program Act. The adoption of emergency rules authorized by | 9 | | this subsection (qq) is deemed to be necessary for the public | 10 | | interest, safety, and welfare. | 11 | | (rr) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of subsection (c) of Section | 13 | | 2-3.130 of the School Code, emergency rules to implement | 14 | | subsection (c) of Section 2-3.130 of the School Code may be | 15 | | adopted in accordance with this subsection (rr) by the State | 16 | | Board of Education. The adoption of emergency rules authorized | 17 | | by this subsection (rr) is deemed to be necessary for the | 18 | | public interest, safety, and welfare. | 19 | | (Source: P.A. 101-1, eff. 2-19-19; 101-10, Article 20, Section | 20 | | 20-5, eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. | 21 | | 6-5-19; 101-27, eff. 6-25-19; 101-31, Article 15, Section | 22 | | 15-5, eff. 6-28-19; 101-31, Article 25, Section 25-900, eff. | 23 | | 6-28-19; 101-31, Article 35, Section 35-3, eff. 6-28-19; | 24 | | 101-377, eff. 8-16-19; 101-601, eff. 12-10-19; 102-98, eff. | 25 | | 7-15-21; 102-339, eff. 8-13-21; 102-813, eff. 5-13-22.)
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| 1 | | (5 ILCS 100/5-50) (from Ch. 127, par. 1005-50)
| 2 | | Sec. 5-50. Peremptory rulemaking. "Peremptory rulemaking" | 3 | | means any
rulemaking that is required as a result of federal | 4 | | law, federal rules and
regulations, an order of a court, or a | 5 | | collective bargaining agreement
pursuant to subsection (d) of | 6 | | Section 1-5, under conditions that preclude
compliance with | 7 | | the general rulemaking requirements imposed by Section 5-40
| 8 | | and that preclude the exercise of discretion by the agency as | 9 | | to the
content of the rule it is required to adopt. Peremptory | 10 | | rulemaking shall
not be used to implement consent orders or | 11 | | other court orders adopting
settlements negotiated by the | 12 | | agency. If any agency finds that peremptory
rulemaking is | 13 | | necessary and states in writing its reasons for that finding,
| 14 | | the agency may adopt peremptory rulemaking upon filing a | 15 | | notice of
rulemaking with the Secretary of State under Section | 16 | | 5-70. The notice shall
be published in the Illinois Register. | 17 | | The agency shall accept data, views, arguments, or comments | 18 | | regarding the peremptory rulemaking. The agency shall accept | 19 | | submissions in writing, including submissions by email. In the | 20 | | discretion of the agency, submissions may be submitted orally. | 21 | | The notice published in the Illinois Register shall indicate | 22 | | the manner selected by the agency for the submissions, | 23 | | including the email address where submissions will be | 24 | | accepted. The agency shall consider all submissions received. | 25 | | A rule adopted under the peremptory
rulemaking provisions of | 26 | | this Section becomes effective immediately upon
filing with |
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| 1 | | the Secretary of State and in the agency's principal office, | 2 | | or
at a date required or authorized by the relevant federal | 3 | | law, federal rules
and regulations, or court order, as stated | 4 | | in the notice of rulemaking.
Notice of rulemaking under this | 5 | | Section shall be published in the Illinois
Register, shall | 6 | | specifically refer to the appropriate State or federal
court | 7 | | order or federal law, rules, and regulations, and shall be in a | 8 | | form
as the Secretary of State may reasonably prescribe by | 9 | | rule. The agency
shall file the notice of peremptory | 10 | | rulemaking within 30 days after a
change in rules is required.
| 11 | | The Department of Healthcare and Family Services may adopt | 12 | | peremptory rulemaking under the terms and conditions of this | 13 | | Section to implement final payments included in a State | 14 | | Medicaid Plan Amendment approved by the Centers for Medicare | 15 | | and Medicaid Services of the United States Department of | 16 | | Health and Human Services and authorized under Section 5A-12.2 | 17 | | of the Illinois Public Aid Code, and to adjust hospital | 18 | | provider assessments as Medicaid Provider-Specific Taxes | 19 | | permitted by Title XIX of the federal Social Security Act and | 20 | | authorized under Section 5A-2 of the Illinois Public Aid Code. | 21 | | (Source: P.A. 95-859, eff. 8-19-08.)
| 22 | | (5 ILCS 100/5-60) (from Ch. 127, par. 1005-60)
| 23 | | Sec. 5-60. Regulatory agenda. An agency shall submit for | 24 | | publication in
the Illinois Register by January 1 and July 1 of | 25 | | each year a regulatory
agenda to elicit public comments |
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| 1 | | concerning any rule that the agency is
considering proposing | 2 | | but for which no notice of proposed rulemaking activity
has | 3 | | been submitted to the Illinois Register. A regulatory agenda | 4 | | shall consist
of summaries of those rules. Each summary shall, | 5 | | in less than 2,000 words,
contain the following when | 6 | | practicable:
| 7 | | (1) A description of the rule.
| 8 | | (2) The statutory authority the agency is exercising.
| 9 | | (3) A schedule of the dates for any hearings, | 10 | | meetings, or other
opportunities for public participation | 11 | | in the development of the rule.
| 12 | | (4) The date the agency anticipates submitting a | 13 | | notice of proposed
rulemaking activity, if known.
| 14 | | (5) The name, address, email address, and telephone | 15 | | number of the agency representative
who is knowledgeable | 16 | | about the rule, from whom any information may be obtained,
| 17 | | and to whom written comments may be submitted concerning | 18 | | the rule.
| 19 | | (6) A statement whether the rule will affect small | 20 | | businesses, not
for profit corporations, or small | 21 | | municipalities as defined in this Act.
| 22 | | (7) Any other information that may serve the public | 23 | | interest.
| 24 | | Nothing in this Section shall preclude an agency from | 25 | | adopting a rule that
has not been summarized in a regulatory | 26 | | agenda or from adopting a rule
different than one summarized |
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| 1 | | in a regulatory agenda if in the agency head's
best judgment it | 2 | | is necessary. If an agency finds that a situation exists that
| 3 | | requires adoption of a rule that was not summarized on either | 4 | | of the 2 most
recent regulatory agendas, it shall state its | 5 | | reasons in writing together with
the facts that form their | 6 | | basis upon filing the notice of proposed rulemaking
with the | 7 | | Secretary of State under Section 5-40. Nothing in this Section | 8 | | shall
require an agency to adopt a rule summarized in a | 9 | | regulatory agenda. The
Secretary of State shall adopt rules | 10 | | necessary for the publication of a
regulatory agenda, | 11 | | including but not limited to standard submission forms and
| 12 | | deadlines.
| 13 | | (Source: P.A. 87-823; 88-667, eff. 9-16-94 .)
| 14 | | (5 ILCS 100/5-65) (from Ch. 127, par. 1005-65)
| 15 | | Sec. 5-65. Filing of rules.
| 16 | | (a) Each agency shall file in the office of the Secretary | 17 | | of State and
in the agency's principal office a certified copy | 18 | | of each rule and
modification or repeal of any rule adopted by | 19 | | it. The Secretary of State
and the agency shall each keep a | 20 | | permanent register of the rules open to
public inspection.
| 21 | | Whenever a rule or modification or repeal of any rule is | 22 | | filed with
the Secretary of State, the Secretary shall send a | 23 | | certified copy of the
rule, modification or repeal, within 3 | 24 | | working days after it is filed, to
the Joint Committee on | 25 | | Administrative Rules.
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| 1 | | (b) Concurrent with the filing of any rule under this | 2 | | Section,
the filing agency shall submit to the Secretary of | 3 | | State for publication
in the next available issue of the | 4 | | Illinois Register a notice of adopted
rules. The notice shall | 5 | | include the following:
| 6 | | (1) The text of the adopted rule, including the full | 7 | | text of
the new rule (if the material is a new rule), the | 8 | | full text
of the rule or rules as amended (if the material | 9 | | is an amendment to a
rule or rules), or the notice of | 10 | | repeal (if the material is a repealer).
| 11 | | (2) The name, address, email address, and telephone | 12 | | number of an individual who will
be available to answer | 13 | | questions and provide information to the public
concerning | 14 | | the adopted rules.
| 15 | | (3) Other information that the Secretary of State may | 16 | | by rule require
in the interest of informing the public.
| 17 | | (Source: P.A. 87-823; 87-830; 87-895 .)
| 18 | | Section 10. The Uniform Electronic Transactions Act is | 19 | | amended by changing Section 18 as follows: | 20 | | (815 ILCS 333/18)
| 21 | | Sec. 18. Acceptance and distribution of
electronic records | 22 | | by governmental agencies.
| 23 | | (a) Except as otherwise provided in Section 12(f), each | 24 | | governmental agency of this State shall determine whether, and |
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| 1 | | the extent to which, it will send and accept electronic | 2 | | records and electronic signatures to and from other persons | 3 | | and otherwise create, generate, communicate, store, process, | 4 | | use, and rely upon electronic records and electronic | 5 | | signatures. | 6 | | (b) To the extent that a governmental agency uses | 7 | | electronic records and electronic signatures under subsection | 8 | | (a), the Department of Innovation and Technology and the | 9 | | Secretary of State, pursuant to their rulemaking authority | 10 | | under other law and giving due consideration to security, | 11 | | shall, no later than 6 months after the effective date of this | 12 | | amendatory Act of the 103rd General Assembly, adopt | 13 | | administrative rules that may specify: | 14 | | (1) the manner and format in which the electronic | 15 | | records must be created, generated, sent, communicated, | 16 | | received, and stored and the systems established for those | 17 | | purposes; | 18 | | (2) if electronic records must be signed by electronic | 19 | | means, the type of electronic signature required, the | 20 | | manner and format in which the electronic signature must | 21 | | be affixed to the electronic record, and the identity of, | 22 | | or criteria that must be met by, any third party used by a | 23 | | person filing a document to facilitate the process; | 24 | | (3) control processes and procedures as appropriate to | 25 | | ensure adequate preservation, disposition, integrity, | 26 | | security, confidentiality, and auditability of electronic |
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| 1 | | records; and | 2 | | (4) any other required attributes for electronic | 3 | | records which are specified for corresponding | 4 | | nonelectronic records or reasonably necessary under the | 5 | | circumstances. | 6 | | (c) Except as otherwise provided in Section 12(f), this | 7 | | Act does not require a governmental agency of this State to use | 8 | | or permit the use of electronic records or electronic | 9 | | signatures.
| 10 | | (Source: P.A. 102-38, eff. 6-25-21.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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