HB2779 100TH GENERAL ASSEMBLY

LRB100 06770 AWJ 21400 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2779

Introduced , by Rep. Grant Wehrli

SYNOPSIS AS INTRODUCED:

New Act
55 ILCS 5/5-1069	from Ch. 34, par. 5-1069
55 ILCS 5/5-1069.3
65 ILCS 5/10-4-2	from Ch. 24, par. 10-4-2
65 ILCS 5/10-4-2.3
30 ILCS 805/8.41 new

Creates the Home Rule Administrative Procedure Act. Provides that home rule municipalities and home rule counties shall adopt all rules through the procedures required by the Act. Provides for procedures for general rulemaking, implementing discretionary powers, incorporation by reference, emergency rulemaking, and peremptory rulemaking. Provides for the creation of a Designated Review Committee composed of 5 members of the governing board of the home rule unit. Provides for agenda, notice, public hearing, and publication requirements. Limits home rule powers. Defines terms. Amends the Counties Code and Illinois Municipal Code making conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective January 1, 2018.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 1. Short title. This Act may be cited as the Home Rule Administrative Procedure Act.

Section 5. Applicability. This Act applies to all home rule units. Beginning January 1, 2018, if this Act conflicts with any other provision of law, this Act controls.

Section 10. Definitions. As used in this Act:

"Designated Review Committee" or "Committee" means a committee established under Section 85 of this Act.

"Home rule unit" means a home rule county or home rule municipality as defined in Section 6 of Article VII of the Illinois Constitution.

"Governing body" means the county board or the board of county commissioners of a home rule county, or the council, city council, board of trustees, or other corporate authority of a home rule municipality which exercises the general governmental powers of a home rule county or home rule municipality.

"Not for profit corporation" means a corporation organized under the General Not For Profit Corporation Act of 1986 that is not dominant in its field and employs fewer than 50 full-time employees or has gross annual sales of less than $4,000,000. For purposes of a specific rule, a home rule unit may define a not for profit corporation to include employment of 50 or more persons if it finds that such a definition is necessary to adapt the rule to the needs and problems of not for profit corporations.

"Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than a home rule unit.

"Rule" means a home rule unit's statement of general applicability that implements, applies, interprets, or prescribes any ordinance, law, or policy, but does not include: (i) statements concerning only the internal management of a home rule unit and not affecting private rights or procedures available to persons or entities subject to the regulation of the home rule unit; (ii) intra-home rule unit memoranda; or (iii) the prescription of standardized forms.

"Rulemaking" means the process and required documentation for the adoption of rules by the home rule unit under this Act.

"Small business" means a business that is independently owned and operated, not dominant in its field, and employs fewer than 50 full-time employees or has gross annual sales of less than $4,000,000. For purposes of a specific rule, a home rule unit may define small business to include employment of 50 or more persons if it finds that such a definition is necessary to adapt the rule to the needs and problems of small businesses and organizations.

Section 15. Rulemaking by home rule units; limitation of home rule powers.

(a) All rules of a home rule unit shall be adopted in accordance with this Act.

(b) All rulemaking authority exercised on or after the effective date of this Act of the 100th General Assembly is conditioned on the rules being adopted in accordance with all provisions of this Act; any purported rule not so adopted, for whatever reason, including without limitation a decision of a court holding any part of this Act invalid, is unauthorized.

(c) A home rule unit may not adopt any rule in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 20. Adoption and availability of rules.

(a) In addition to other rulemaking requirements imposed by law, each home rule unit shall, on its website, make available for public inspection all rules adopted by the home rule unit in the discharge of its functions.

(b) A home rule unit rule is not valid or effective against any person or party, and it may not be invoked by the home rule unit for any purpose, until it has been made available for public inspection and publication as required by this Act. However, a home rule unit shall not assert the invalidity of a rule that it has adopted under this Act when an opposing party has relied upon the rule.

Section 25. Required rules; required documentation.

(a) A home rule unit shall maintain as rules the following:

(1) A current description of the home rule unit's organization with necessary charts depicting that organization.

(2) The current procedures by which the public can obtain information or make submissions or requests on subjects, programs, and activities of the home rule unit. Requests for copies of rules shall not be deemed Freedom of Information Act requests unless so labeled by the requester.

(3) Tables of contents, indices, reference tables, and other materials to aid users in finding and using the home rule unit's collection of rules currently in force.

(4) A current description of the home rule unit's rulemaking procedures with necessary flow charts depicting those procedures.

(5) Any rules adopted under this Section in accordance with Section 75 of this Act.

The rules required by this subsection may be adopted, amended, or repealed by publishing a copy of the rules on the home rule unit's website notwithstanding any other provision or requirement of this Act.

(b) Background text in rulemaking documentation shall match the current text of the rules of the home rule unit. As used in this subsection, "background text" means existing text of the existing rules of the home rule unit that is part of a rulemaking but is not being amended by the rulemaking.

(c) No material that was originally proposed in one rulemaking may be combined with another proposed rulemaking that was initially published without that material. However, this does not preclude separate rulemakings from being combined for publication at the time of adoption.

(d) The following documentation is required when rulemaking:

(1) At the time of original proposal, rulemaking documentation must consist of a notice page and new, amendatory, or repealed text. New, repealed, and amendatory text must be depicted in the manner required by this Act. Amendatory rulemakings must indicate text deletion by striking through all text that is to be omitted and must indicate text addition by underlining all new text.

(2) At the time of adoption, documentation must also include pages indicating the text of the new rule, without striking and underlining, for inclusion in the official records of the home rule unit and the publication required under Section 70 of this Act.

(3) For a required rulemaking adopted under this Section 25, an emergency rulemaking under Section 50 of this Act, or a peremptory rulemaking under Section 55 of this Act, the documentation requirements of paragraphs (1) and (2) of this subsection (d) apply at the time of adoption.

Section 30. Implementing discretionary powers. Each rule that implements a discretionary power to be exercised by a home rule unit shall include the standards by which the home rule unit shall exercise the power. The standards shall be stated as precisely and clearly as practicable under the conditions to inform fully those persons affected.

Section 35. Regulatory flexibility. When a home rule unit proposes a new rule or an amendment to an existing rule that may have an impact on small businesses or not for profit corporations, the home rule unit shall do each of the following:

(1) The home rule unit shall consider each of the following methods for reducing the impact of the rulemaking on small businesses or not for profit corporations by utilizing one or more of the following methods if it finds that the methods are legal and feasible in meeting the statutory objectives that are the basis of the proposed rulemaking:

(A) Establish less stringent compliance or reporting requirements in the rule for small businesses or not for profit corporations.

(B) Establish less stringent schedules or deadlines in the rule for compliance or reporting requirements for small businesses or not for profit corporations.

(C) Consolidate or simplify the rule's compliance or reporting requirements for small businesses or not for profit corporations.

(D) Establish performance standards to replace design or operational standards in the rule for small businesses or not for profit corporations.

(E) Exempt small businesses or not for profit corporations from any or all requirements of the rule.

(2) Before or during the notice period required under subsection (b) of Section 45 of this Act, the home rule unit shall provide an opportunity for small businesses or not for profit corporations to participate in the rulemaking process and shall utilize one or more of the following techniques which are in addition to other rulemaking requirements imposed by this Act or by any other Act:

(A) The inclusion in any advance notice of possible rulemaking of a statement that the rule may have an impact on small businesses or not for profit corporations.

(B) The publication of a notice of rulemaking in publications likely to be obtained by small businesses or not for profit corporations.

(C) The direct notification of interested small businesses or not for profit corporations.

(D) The conduct of public hearings concerning the impact of the rule on small businesses or not for profit corporations.

(E) The use of special hearing or comment procedures to reduce the cost or complexity of participation in the rulemaking by small businesses or not for profit corporations.

(3) Prior to the filing for publication of any proposed rule or amendment that may have an adverse impact on small businesses, a home rule unit must prepare an economic impact analysis which shall include all of the following:

(A) An identification of the types and estimate of the number of the small businesses subject to the proposed rule or amendment.

(B) The projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed rule or amendment, including the type of professional skills necessary for preparation of the report or record.

(C) A statement of the probable positive or negative economic effect on impacted small businesses.

(D) A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule or amendment. The alternatives must be consistent with the stated objectives of the applicable statutes and the proposed rulemaking.

Section 40. Procedure for rulemaking.

(a) Before the adoption, amendment, or repeal of any rule, each home rule unit shall accomplish the actions required by Section 45, 50, or 55 of this Act, whichever is applicable.

(b) No action by any home rule unit to adopt, amend, or repeal a rule after the effective date of this Act of the 100th General Assembly shall be valid unless taken in compliance with this Section. A proceeding to contest any rule on the ground of non-compliance with the procedural requirements of this Section must be commenced within 2 years from the effective date of the rule.

(c) The rulemaking procedures of this Act do not apply to a matter relating solely to a home rule unit's management or personnel practices or to public property, loans, or contracts.

Section 45. General rulemaking.

(a) In all rulemaking to which Sections 50 and 55 of this Act do not apply, a home rule unit shall comply with this Section.

(b) A home rule unit shall give at least 45 days' notice of its intended action to the general public. This first notice period shall commence on the first day the notice is published on the website maintained by the home rule unit. The first notice shall include all the following:

(1) The text of the proposed rule, the old and new materials of a proposed amendment, or the text of the provision to be repealed.

(2) The specific authority including any ordinance of the home rule unit and statutory citation upon which the proposed rule, the proposed amendment to a rule, or the proposed repeal of a rule is based and by which it is authorized.

(3) A complete description of the subjects and issues involved.

(4) A descriptive title or other description of any published study or research report used in developing the rule, the identity of the person who performed the study, and a description of where the public may obtain a copy of any such study or research report. If the study was performed by a home rule unit or by a person or entity that contracted with the home rule unit for the performance of the study, the home rule unit shall also make copies of the underlying data available to members of the public upon request if the data are not protected from disclosure under the Freedom of Information Act.

(5) For all proposed rules and proposed amendments to rules, an initial regulatory flexibility analysis containing a description of the types of small businesses subject to the rule; a brief description of the proposed reporting, bookkeeping, and other procedures required for compliance with the rule; and a description of the types of professional skills necessary for compliance.

(6) The time, place, and manner in which interested persons may present their views and comments concerning the proposed rulemaking.

During the first notice period, the home rule unit shall accept from any interested persons data, views, arguments, or comments. These may, in the discretion of the home rule unit, be submitted either orally or in writing or both. The notice published on the home rule unit's website shall indicate the manner selected by the home rule unit for the submissions. The home rule unit shall consider all submissions received.

A home rule unit shall hold a public hearing on the proposed rulemaking during the first notice period if: (i) during the first notice period, the home rule unit finds that a public hearing would facilitate the submission of views and comments that might not otherwise be submitted; or (ii) the home rule unit receives a request for a public hearing, within the first 14 days after publication of the notice of proposed rulemaking, from 25 interested persons, an association representing at least 100 interested persons, the mayor or other chief executive officer or county board president of the home rule unit, or a unit of local government that may be affected. At the public hearing, the home rule unit shall allow interested persons to present views and comments on the proposed rulemaking. A public hearing in response to a request for a hearing may not be held less than 20 days after the publication of the notice of proposed rulemaking unless notice of the public hearing is included in the notice of proposed rulemaking. A public hearing on proposed rulemaking may not be held less than 5 days before submission of the notice required under subsection (c) of this Section to the Designated Review Committee of the home rule unit. Each home rule unit may prescribe reasonable rules for the conduct of public hearings on proposed rulemaking to prevent undue repetition at the hearings. The hearings must be open to the public and recorded by stenographic or electronic means. At least one home rule unit representative shall be present during the hearing who is qualified to respond to general questions from the public regarding the home rule unit's proposal and the rulemaking process.

(c) A home rule unit shall provide additional notice of the proposed rulemaking to the Designated Review Committee. The period commencing on the day written notice is received by the Committee shall be known as the second notice period and shall expire 45 days after the written notice is received by the Committee unless, before that time, the home rule unit and the Committee have agreed to extend the second notice period beyond 45 days for a period not to exceed an additional 45 days or unless the home rule unit has received a statement of objection from the Committee or notification from the Committee that no objection will be issued. The written notice to the Committee shall include: (i) the text and location of any changes made to the proposed rulemaking during the first notice period; (ii) for all proposed rules and proposed amendments to rules, a final regulatory flexibility analysis containing a summary of issues raised by small businesses during the first notice period and a description of actions taken on any alternatives to the proposed rule suggested by small businesses during the first notice period, including reasons for rejecting any alternatives not utilized; and (iii) an analysis of the economic and budgetary effects of the proposed rulemaking. After commencement of the second notice period, no substantive change may be made to a proposed rulemaking unless it is made in response to an objection or suggestion of the Designated Review Committee. The home rule unit shall also send a copy of the final regulatory flexibility analysis to each small business that has presented views or comments on the proposed rulemaking during the first notice period and to any other interested person who requests a copy. The home rule unit may charge a reasonable fee for providing the copies to cover postage and handling costs.

(d) After the expiration of the second notice period, after notification from the Designated Review Committee that no objection will be issued, or after a response by the home rule unit to a statement of objections issued by the Committee, whichever is applicable, the home rule unit shall publish, under Section 70 of this Act, a copy of each rule, modification, or repeal of any rule adopted by it. Each rule adopted under this Section is effective upon publishing unless a later effective date is required by ordinance or statute or is specified in the rulemaking.

(e) No rule or modification or repeal of any rule may be adopted, or published under Section 70 of this Act, more than one year after the date the first notice period for the rulemaking under subsection (b) of this Section commenced.

Section 50. Emergency rulemaking.

(a) For purposes of this Act, "emergency" means the existence of any situation that any home rule unit finds reasonably constitutes a threat to the public interest, safety, or welfare.

(b) If a home rule unit finds that an emergency exists that requires adoption of a rule upon fewer days notice than is required by Section 45 of this Act and states in writing its reasons for that finding, the home rule unit may adopt an emergency rule without prior notice or hearing upon filing a notice of emergency rulemaking on its website under Section 70 of this Act. The notice shall include the text of the emergency rule. Consent orders or other court orders adopting settlements negotiated by a home rule unit may be adopted under this Section. Subject to applicable constitutional or statutory provisions, an emergency rule becomes effective immediately upon publishing under Section 70 of this Act or at a stated date less than 10 days after publication. The home rule unit's finding and a statement of the specific reasons for the finding shall be published with the rule. The home rule unit shall take reasonable and appropriate measures to make emergency rules known to the persons who may be affected by them.

(c) An emergency rule may be effective for a period of not longer than 150 days, but the home rule unit's authority to adopt an identical rule under Section 45 of this Act is not precluded. No emergency rule may be adopted more than once in any 24-month period. Two or more emergency rules having substantially the same purpose and effect shall be deemed to be a single rule for purposes of this Section.

Section 55. Peremptory rulemaking.

(a) For purposes of this Act, "peremptory rulemaking" means any rulemaking that is required as a result of federal or State law, federal or State rules and regulations, an order of a court, under conditions that preclude compliance with the general rulemaking requirements imposed by Section 45 of this Act and that preclude the exercise of discretion by the home rule unit as to the content of the rule it is required to adopt.

(b) If a home rule unit finds that peremptory rulemaking is necessary and states in writing its reasons for that finding, the home rule unit may adopt peremptory rulemaking upon publishing a notice of rulemaking on its website. A rule adopted under the peremptory rulemaking provisions of this Section becomes effective immediately upon publication or at a date required or authorized by the relevant federal or State law, federal or State rules and regulations, or court order, as stated in the notice of rulemaking. Notice of rulemaking under this Section shall specifically refer to the appropriate State or federal court order or federal law, rules, and regulations. The home rule unit shall publish the notice of peremptory rulemaking within 30 days after a change in rules is required.

(c) Peremptory rulemaking shall not be used to implement consent orders or other court orders adopting settlements negotiated by the home rule unit.

Section 60. Automatic repeal of rules. A rule may provide for its automatic repeal on a date specified in the rule. The repeal shall be effective on the date specified, provided that notice of the repeal is published on the home rule unit's website not less than 30 nor more than 60 days before the effective date of the repeal. This Section does not apply to any rules published under Section 50 of this Act.

Section 65. Regulatory agenda. A home rule unit shall publish on its website by January 1 and July 1 of each year a regulatory agenda to elicit public comments concerning any rule that the home rule unit is considering proposing but for which no notice of proposed rulemaking activity has been published. A regulatory agenda shall consist of summaries of those rules. Each summary shall, in less than 2,000 words, contain the following when practicable:

(1) A description of the rule.

(2) The statutory authority the home rule unit is exercising.

(3) A schedule of the dates for any hearings, meetings, or other opportunities for public participation in the development of the rule.

(4) The date the home rule unit anticipates submitting a notice of proposed rulemaking activity, if known.

(5) The name, address, and telephone number of the home rule unit representative who is knowledgeable about the rule, from whom any information may be obtained, and to whom written comments may be submitted concerning the rule.

(6) A statement whether the rule will affect small businesses or not for profit corporations.

(7) Any other information that may serve the public interest.

Nothing in this Section shall preclude a home rule unit from adopting a rule that has not been summarized in a regulatory agenda or from adopting a rule different than one summarized in a regulatory agenda if in the judgment of the mayor, president, chair, or other chief executive officer of the governing body of the home rule unit finds that it is necessary. If a home rule unit finds that a situation exists that requires adoption of a rule that was not summarized on either of the 2 most recent regulatory agendas, it shall state its reasons in writing together with the facts that form their basis upon publishing the notice of proposed rulemaking under Section 45 of this Act. Nothing in this Section shall require a home rule unit to adopt a rule summarized in a regulatory agenda.

Section 70. Publishing of rules. No later than July 1, 2018, a home rule unit shall publish on its website a copy of each rule adopted in the home rule unit on or before July 1, 2018, and shall publish each rule adopted after that date as required by this Act.

Section 75. Incorporation by reference.

(a) A home rule unit may incorporate by reference, in its rules adopted under Section 40 of this Act, rules, regulations, standards, and guidelines of a an agency of the United States or a nationally or state recognized organization or association without publishing the incorporated material in full. The reference in the rules must fully identify the incorporated matter by publisher address and date in order to specify how a copy of the material may be obtained and must state that the rule, regulation, standard, or guideline does not include any later amendments or editions. A home rule unit may incorporate by reference these matters in its rules only if the home rule unit, organization, or association originally issuing the matter makes copies readily available to the public.

(b) The home rule unit adopting a rule, regulation, standard, or guideline under this Section shall maintain a copy of the referenced rule, regulation, standard, or guideline in at least one of its principal offices and shall make it available to the public upon request for inspection and copying at no more than cost. Requests for copies of materials incorporated by reference shall not be deemed Freedom of Information Act requests unless so labeled by the requester. The home rule unit shall designate by rule the location at which incorporated materials are maintained and made available to the public for inspection and copying. These rules may be adopted under the procedures in Section 25 of this Act. In addition, the home rule unit may include the designation of the location of incorporated materials in a rulemaking under Section 40 of this Act, but emergency and peremptory rulemaking procedures may not be used solely for this purpose.

Section 80. Publication of rules. The publication of a rule on the home rule unit's website as an adopted rule shall establish a rebuttable presumption that the rule was duly adopted. Judicial or official notice shall be taken of the text of each rule published on the home rule unit's website.

Section 85. Designated Review Committee.

(a) A home rule unit shall establish a Designated Review Committee. The Committee shall consist of 5 members of the governing body of the home rule unit who shall be appointed by the governing body. The political party representation of the Designated Review Committee shall, as closely as possible, mirror that of the appointing body. Appointments made under this Section are for a term of 2 years.

(b) The agenda of each meeting of the Committee shall be published at least 5 days before the meeting on the home rule unit's website. The provisions of this subsection shall not prohibit the Committee from acting upon an item that was not contained in the published agenda.

(c) The Committee may charge reasonable fees for copies of documents or publications to cover the cost of copying or printing.

Section 90. Powers of the Designated Review Committee. A Designated Review Committee shall have the following powers under this Act:

(1) The function of the Committee shall be the promotion of adequate and proper rules by a home rule unit and an understanding on the part of the public respecting those rules. This function shall be advisory only.

(2) Failure of the Committee to object to any proposed rule, amendment, or repealer or any existing rule shall not be construed as implying direct or indirect approval of the rule or proposed rule, amendment, or repealer by the Committee.

Section 95. Responsibilities of the Designated Review Committee with respect to proposed rules, amendments, or repealers.

(a) The Committee shall examine any proposed rule, amendment to a rule, and repeal of a rule to determine whether the proposed rule, amendment to a rule, or repeal of a rule is within the statutory authority upon which it is based; whether the rule, amendment to a rule, or repeal of a rule is in proper form; and whether the notice was given before its adoption, amendment, or repeal and was sufficient to give adequate notice of the purpose and effect of the rule, amendment, or repeal. In addition, the Committee shall consider whether the home rule unit has considered alternatives to the rule that are consistent with the stated objectives of both the applicable statutes and regulations and whether the rule is designed to minimize economic impact on small businesses.

(b) If the Committee objects to a proposed rule, amendment to a rule, or repeal of a rule, it shall certify the fact to the home rule unit and include with the certification a statement of its specific objections.

(c) If within the second notice period the Committee certifies its objections to the home rule unit, then that home rule unit shall do one of the following within 90 days after receiving the statement of objection:

(1) modify the proposed rule, amendment, or repealer to meet the Committee's objections;

(2) withdraw the proposed rule, amendment, or repealer in its entirety; or

(3) refuse to modify or withdraw the proposed rule, amendment, or repealer.

(d) If a home rule unit elects to modify a proposed rule, amendment, or repealer to meet the Committee's objections, it shall make those modifications that are necessary to meet the objections and shall resubmit the rule, amendment, or repealer to the Committee. In addition, the home rule unit shall publish a notice of its election to modify the proposed rule, amendment, or repealer to meet the Committee's objections on the home rule unit's website, but the home rule unit shall not be required to conduct a public hearing. If the Committee determines that the modifications do not remedy the Committee's objections, it shall so notify the home rule unit in writing and a copy of that notification shall be published on the home rule unit's website. In addition, the Committee may recommend legislative action as provided in subsection (g) of this Section for home rule unit refusals.

(e) If a home rule unit elects to withdraw a proposed rule, amendment, or repealer as a result of the Committee's objections, it shall notify the Committee in writing of its election and shall publish a notice of the withdrawal on the home rule unit's website.

(f) Failure of a home rule unit to respond to the Committee's objections to a proposed rule, amendment, or repealer within the time prescribed in subsection (c) of this Section shall constitute withdrawal of the proposed rule, amendment, or repealer in its entirety. The Committee shall publish a notice to that effect on the home rule unit's website.

(g) If a home rule unit refuses to modify or withdraw the proposed rule, amendment, or repealer to remedy an objection stated by the Committee, it shall notify the Committee in writing of its refusal and shall publish a notice of refusal on the home rule unit's website with 14 calendar days of the date of the refusal. If the Committee decides to recommend legislative action in response to a home rule unit refusal, then the Committee shall have drafted and introduced into the governing body of the home rule unit appropriate legislation to implement the recommendations of the Committee.

(h) No rule, amendment, or repeal of a rule shall be published on the home rule unit website as adopted until after the home rule unit has responded to the objections of the Committee as provided in this Section.

Section 100. Responsibilities of the Designated Review Committee with respect to emergency, peremptory, and other existing rules.

(a) The Committee may examine any rule to determine whether the rule is within the statutory authority upon which it is based and whether the rule is in proper form.

(b) If the Committee objects to a rule, it shall, within 5 days of the objection, certify the fact to the adopting home rule unit and include within the certification a statement of its specific objections.

(c) Within 90 days after receiving the certification, the home rule unit shall do one of the following:

(1) notify the Committee that it has elected to amend the rule to meet the Committee's objection;

(2) notify the Committee that it has elected to repeal the rule; or

(3) notify the Committee that it refuses to amend or repeal the rule.

(d) If the home rule unit elects to amend a rule to meet the Committee's objections, it shall notify the Committee in writing and shall initiate rulemaking procedures for that purpose by giving notice as required by Section 40 of this Act. The Committee shall give priority to rules so amended when setting its agenda.

(e) If the home rule unit elects to repeal a rule as a result of the Committee's objections, it shall notify the Committee in writing of its election and shall initiate rulemaking procedures for that purpose by giving notice as required by Section 40 of this Act.

(f) If the home rule unit elects to amend or repeal a rule as a result of the Committee's objections, it shall complete the process within 180 days after giving notice on the home rule unit's website.

(g) Failure of the home rule unit to respond to the Committee's objections to a rule within the time prescribed in subsection (c) of this Section shall constitute a refusal to amend or repeal the rule.

(h) If the home rule unit refuses to amend or repeal a rule to remedy an objection stated by the Committee, it shall notify the Committee in writing of its refusal and shall publish a notice of refusal on the home rule unit's website. The notice shall be published within 14 calendar days.

Section 105. Request for adoption of rules.

(a) A home rule unit shall, in accordance with Section 40 of this Act, adopt rules that implement recently enacted legislation in a timely and expeditious manner.

(b) Any interested person may request a home rule unit to adopt, amend, or repeal a rule. A home rule unit shall prescribe by rule the procedure for consideration and disposition of the person's request. If, within 30 days after submission of a request, the home rule unit has not initiated rulemaking proceedings in accordance with Section 40 of this Act, the request shall be deemed to have been denied.

Section 110. Website. If a home rule unit does not have a website, it shall create and maintain a website that contains, at a minimum, the information required by this Act.

Section 800. The Counties Code is amended by changing Sections 5-1069 and 5-1069.3 as follows:

(55 ILCS 5/5-1069) (from Ch. 34, par. 5-1069)

Sec. 5-1069. Group life, health, accident, hospital, and medical insurance.

(a) The county board of any county may arrange to provide, for the benefit of employees of the county, group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, or the county board may self-insure, for the benefit of its employees, all or a portion of the employees' group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, including a combination of self-insurance and other types of insurance authorized by this Section, provided that the county board complies with all other requirements of this Section. The insurance may include provision for employees who rely on treatment by prayer or spiritual means alone for healing in accordance with the tenets and practice of a well recognized religious denomination. The county board may provide for payment by the county of a portion or all of the premium or charge for the insurance with the employee paying the balance of the premium or charge, if any. If the county board undertakes a plan under which the county pays only a portion of the premium or charge, the county board shall provide for withholding and deducting from the compensation of those employees who consent to join the plan the balance of the premium or charge for the insurance.

(b) If the county board does not provide for self-insurance or for a plan under which the county pays a portion or all of the premium or charge for a group insurance plan, the county board may provide for withholding and deducting from the compensation of those employees who consent thereto the total premium or charge for any group life, health, accident, hospital, and medical insurance.

(c) The county board may exercise the powers granted in this Section only if it provides for self-insurance or, where it makes arrangements to provide group insurance through an insurance carrier, if the kinds of group insurance are obtained from an insurance company authorized to do business in the State of Illinois. The county board may enact an ordinance prescribing the method of operation of the insurance program.

(d) If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include screening by low-dose mammography for all women 35 years of age or older for the presence of occult breast cancer unless the county elects to provide mammograms itself under Section 5-1069.1. The coverage shall be as follows:

(1) A baseline mammogram for women 35 to 39 years of age.

(2) An annual mammogram for women 40 years of age or older.

(3) A mammogram at the age and intervals considered medically necessary by the woman's health care provider for women under 40 years of age and having a family history of breast cancer, prior personal history of breast cancer, positive genetic testing, or other risk factors.

(4) A comprehensive ultrasound screening of an entire breast or breasts if a mammogram demonstrates heterogeneous or dense breast tissue, when medically necessary as determined by a physician licensed to practice medicine in all of its branches, advanced practice nurse, or physician assistant.

For purposes of this subsection, "low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and image receptor, with an average radiation exposure delivery of less than one rad per breast for 2 views of an average size breast. The term also includes digital mammography.

(d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit.

(d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract.

(d-15) If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for prosthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a mastectomy shall include:

(1) reconstruction of the breast upon which the mastectomy has been performed;

(2) surgery and reconstruction of the other breast to produce a symmetrical appearance; and

(3) prostheses and treatment for physical complications at all stages of mastectomy, including lymphedemas. Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devices and reconstructive surgery to within 2 years after the date of the mastectomy. As used in this Section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician.

A county, including a home rule county, that is a self-insurer for purposes of providing health insurance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section.

(d-20) The requirement that mammograms be included in health insurance coverage as provided in subsections (d) through (d-15) is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of home rule county powers. A home rule county to which subsections (d) through (d-15) apply must comply with every provision of those subsections.

(e) The term "employees" as used in this Section includes elected or appointed officials but does not include temporary employees.

(f) The county board may, by ordinance, arrange to provide group life, health, accident, hospital, and medical insurance, or any one or a combination of those types of insurance, under this Section to retired former employees and retired former elected or appointed officials of the county.

(g) Notwithstanding the Home Rule Administrative Procedure Act, rulemaking Rulemaking authority to implement Public Act 95-1045 this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

(Source: P.A. 99-581, eff. 1-1-17.)

(55 ILCS 5/5-1069.3)

Sec. 5-1069.3. Required health benefits. If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, and 356z.22 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The requirement that health benefits be covered as provided in this Section is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule county to which this Section applies must comply with every provision of this Section.

Notwithstanding the Home Rule Administrative Procedure Act, rulemaking Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

(Source: P.A. 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15; 99-480, eff. 9-9-15.)

Section 805. The Illinois Municipal Code is amended by changing Sections 10-4-2 and 10-4-2.3 as follows:

(65 ILCS 5/10-4-2) (from Ch. 24, par. 10-4-2)

Sec. 10-4-2. Group insurance.

(a) The corporate authorities of any municipality may arrange to provide, for the benefit of employees of the municipality, group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, and may arrange to provide that insurance for the benefit of the spouses or dependents of those employees. The insurance may include provision for employees or other insured persons who rely on treatment by prayer or spiritual means alone for healing in accordance with the tenets and practice of a well recognized religious denomination. The corporate authorities may provide for payment by the municipality of a portion of the premium or charge for the insurance with the employee paying the balance of the premium or charge. If the corporate authorities undertake a plan under which the municipality pays a portion of the premium or charge, the corporate authorities shall provide for withholding and deducting from the compensation of those municipal employees who consent to join the plan the balance of the premium or charge for the insurance.

(b) If the corporate authorities do not provide for a plan under which the municipality pays a portion of the premium or charge for a group insurance plan, the corporate authorities may provide for withholding and deducting from the compensation of those employees who consent thereto the premium or charge for any group life, health, accident, hospital, and medical insurance.

(c) The corporate authorities may exercise the powers granted in this Section only if the kinds of group insurance are obtained from an insurance company authorized to do business in the State of Illinois, or are obtained through an intergovernmental joint self-insurance pool as authorized under the Intergovernmental Cooperation Act. The corporate authorities may enact an ordinance prescribing the method of operation of the insurance program.

(d) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include screening by low-dose mammography for all women 35 years of age or older for the presence of occult breast cancer unless the municipality elects to provide mammograms itself under Section 10-4-2.1. The coverage shall be as follows:

(1) A baseline mammogram for women 35 to 39 years of age.

(2) An annual mammogram for women 40 years of age or older.

(3) A mammogram at the age and intervals considered medically necessary by the woman's health care provider for women under 40 years of age and having a family history of breast cancer, prior personal history of breast cancer, positive genetic testing, or other risk factors.

(4) A comprehensive ultrasound screening of an entire breast or breasts if a mammogram demonstrates heterogeneous or dense breast tissue, when medically necessary as determined by a physician licensed to practice medicine in all of its branches.

For purposes of this subsection, "low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and image receptor, with an average radiation exposure delivery of less than one rad per breast for 2 views of an average size breast. The term also includes digital mammography.

(d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit.

(d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract.

(d-15) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for prosthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a mastectomy shall include:

(1) reconstruction of the breast upon which the mastectomy has been performed;

(2) surgery and reconstruction of the other breast to produce a symmetrical appearance; and

(3) prostheses and treatment for physical complications at all stages of mastectomy, including lymphedemas. Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devices and reconstructive surgery to within 2 years after the date of the mastectomy. As used in this Section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician.

A municipality, including a home rule municipality, that is a self-insurer for purposes of providing health insurance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section.

(d-20) The requirement that mammograms be included in health insurance coverage as provided in subsections (d) through (d-15) is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of home rule municipality powers. A home rule municipality to which subsections (d) through (d-15) apply must comply with every provision of through subsections.

(e) Notwithstanding the Home Rule Administrative Procedure Act, rulemaking Rulemaking authority to implement Public Act 095-1045 this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

(Source: P.A. 95-1045, eff. 3-27-09.)

(65 ILCS 5/10-4-2.3)

Sec. 10-4-2.3. Required health benefits. If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, and 356z.22 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule municipality to which this Section applies must comply with every provision of this Section.

Notwithstanding the Home Rule Administrative Procedure Act, rulemaking Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

(Source: P.A. 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15; 99-480, eff. 9-9-15.)

Section 810. The State Mandates Act is amended by adding Section 8.41 as follows:

(30 ILCS 805/8.41 new)

Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 100th General Assembly.

Section 999. Effective date. This Act takes effect January 1, 2018.