HB4291 101ST GENERAL ASSEMBLY

LRB101 16859 RJF 66258 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4291

Introduced 1/28/2020, by Rep. Steven Reick

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-170 new

Amends the Illinois Administrative Procedure Act. Provides that for each rule proposed to be adopted by the State Board of Education impacting the operations of any school district, any interested person may request the Joint Committee on Administrative Rules to determine whether the proposed rule is a State mandate. Provides that if the Joint Committee determines that the proposed rule is a State mandate, then the running of all periods under the Illinois Administrative Procedure Act shall be tolled, and no Certificate of No Objection may be issued for the rule, until the rule has been approved by a joint resolution of the General Assembly. Effective immediately.

A BILL FOR

AN ACT concerning government.

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

Section 5. The Illinois Administrative Procedure Act is amended by adding Section 5-170 as follows:

(5 ILCS 100/5-170 new)

Sec. 5-170. State Board of Education; State mandates. Notwithstanding any exemption from the State Mandates Act previously enacted, for each rule proposed to be adopted under Section 5-40 by the State Board of Education impacting the operations of any school district, during the first notice period under subsection (b) of Section 5-40, any interested person may request the Joint Committee on Administrative Rules to determine whether the proposed rule is a State mandate, as defined by Section 3 of the State Mandates Act. If the Joint Committee determines that the proposed rule is a State mandate, then the running of all periods under this Act shall be tolled, and no Certificate of No Objection may be issued for the rule, until the rule has been approved by a joint resolution of the General Assembly.

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