093_SB0884ham002 LRB093 10553 NHT 16389 a 1 AMENDMENT TO SENATE BILL 884 2 AMENDMENT NO. . Amend Senate Bill 884, AS AMENDED, 3 immediately below the enacting clause, by inserting the 4 following: 5 "Section 3. The Illinois Administrative Procedure Act is 6 amended by changing Section 5-45 as follows: 7 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) 8 Sec. 5-45. Emergency rulemaking. 9 (a) "Emergency" means the existence of any situation 10 that any agency finds reasonably constitutes a threat to the 11 public interest, safety, or welfare. 12 (b) If any agency finds that an emergency exists that 13 requires adoption of a rule upon fewer days than is required 14 by Section 5-40 and states in writing its reasons for that 15 finding, the agency may adopt an emergency rule without prior 16 notice or hearing upon filing a notice of emergency 17 rulemaking with the Secretary of State under Section 5-70. 18 The notice shall include the text of the emergency rule and 19 shall be published in the Illinois Register. Consent orders 20 or other court orders adopting settlements negotiated by an 21 agency may be adopted under this Section. Subject to 22 applicable constitutional or statutory provisions, an -2- LRB093 10553 NHT 16389 a 1 emergency rule becomes effective immediately upon filing 2 under Section 5-65 or at a stated date less than 10 days 3 thereafter. The agency's finding and a statement of the 4 specific reasons for the finding shall be filed with the 5 rule. The agency shall take reasonable and appropriate 6 measures to make emergency rules known to the persons who may 7 be affected by them. 8 (c) An emergency rule may be effective for a period of 9 not longer than 150 days, but the agency's authority to adopt 10 an identical rule under Section 5-40 is not precluded. No 11 emergency rule may be adopted more than once in any 24 month 12 period, except that this limitation on the number of 13 emergency rules that may be adopted in a 24 month period does 14 not apply to (i) emergency rules that make additions to and 15 deletions from the Drug Manual under Section 5-5.16 of the 16 Illinois Public Aid Code or the generic drug formulary under 17 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or 18 (ii) emergency rules adopted by the Pollution Control Board 19 before July 1, 1997 to implement portions of the Livestock 20 Management Facilities Act. Two or more emergency rules 21 having substantially the same purpose and effect shall be 22 deemed to be a single rule for purposes of this Section. 23 (d) In order to provide for the expeditious and timely 24 implementation of the State's fiscal year 1999 budget, 25 emergency rules to implement any provision of Public Act 26 90-587 or 90-588 or any other budget initiative for fiscal 27 year 1999 may be adopted in accordance with this Section by 28 the agency charged with administering that provision or 29 initiative, except that the 24-month limitation on the 30 adoption of emergency rules and the provisions of Sections 31 5-115 and 5-125 do not apply to rules adopted under this 32 subsection (d). The adoption of emergency rules authorized 33 by this subsection (d) shall be deemed to be necessary for 34 the public interest, safety, and welfare. -3- LRB093 10553 NHT 16389 a 1 (e) In order to provide for the expeditious and timely 2 implementation of the State's fiscal year 2000 budget, 3 emergency rules to implement any provision of this amendatory 4 Act of the 91st General Assembly or any other budget 5 initiative for fiscal year 2000 may be adopted in accordance 6 with this Section by the agency charged with administering 7 that provision or initiative, except that the 24-month 8 limitation on the adoption of emergency rules and the 9 provisions of Sections 5-115 and 5-125 do not apply to rules 10 adopted under this subsection (e). The adoption of emergency 11 rules authorized by this subsection (e) shall be deemed to be 12 necessary for the public interest, safety, and welfare. 13 (f) In order to provide for the expeditious and timely 14 implementation of the State's fiscal year 2001 budget, 15 emergency rules to implement any provision of this amendatory 16 Act of the 91st General Assembly or any other budget 17 initiative for fiscal year 2001 may be adopted in accordance 18 with this Section by the agency charged with administering 19 that provision or initiative, except that the 24-month 20 limitation on the adoption of emergency rules and the 21 provisions of Sections 5-115 and 5-125 do not apply to rules 22 adopted under this subsection (f). The adoption of emergency 23 rules authorized by this subsection (f) shall be deemed to be 24 necessary for the public interest, safety, and welfare. 25 (g) In order to provide for the expeditious and timely 26 implementation of the State's fiscal year 2002 budget, 27 emergency rules to implement any provision of this amendatory 28 Act of the 92nd General Assembly or any other budget 29 initiative for fiscal year 2002 may be adopted in accordance 30 with this Section by the agency charged with administering 31 that provision or initiative, except that the 24-month 32 limitation on the adoption of emergency rules and the 33 provisions of Sections 5-115 and 5-125 do not apply to rules 34 adopted under this subsection (g). The adoption of emergency -4- LRB093 10553 NHT 16389 a 1 rules authorized by this subsection (g) shall be deemed to be 2 necessary for the public interest, safety, and welfare. 3 (h) In order to provide for the expeditious and timely 4 implementation of the State's fiscal year 2003 budget, 5 emergency rules to implement any provision of this amendatory 6 Act of the 92nd General Assembly or any other budget 7 initiative for fiscal year 2003 may be adopted in accordance 8 with this Section by the agency charged with administering 9 that provision or initiative, except that the 24-month 10 limitation on the adoption of emergency rules and the 11 provisions of Sections 5-115 and 5-125 do not apply to rules 12 adopted under this subsection (h). The adoption of emergency 13 rules authorized by this subsection (h) shall be deemed to be 14 necessary for the public interest, safety, and welfare. 15 (i) In order to provide for the expeditious and timely 16 implementation of Section 13-410 of the Public Utilities Act, 17 emergency rules to implement any provision of Section 13-410 18 may be adopted in accordance with this Section by the 19 Illinois Commerce Commission. The adoption of emergency rules 20 authorized by this subsection (i) shall be deemed to be 21 necessary for the public interest, safety, and welfare. 22 (Source: P.A. 91-24, eff. 7-1-99; 91-357, eff. 7-29-99; 23 91-712, eff. 7-1-00; 92-10, eff. 6-11-01; 92-597, eff. 24 6-28-02.)"; and 25 in Section 5, in the introductory clause, after "93-5", by 26 inserting "and by adding Section 13-410"; and 27 in Section 5, immediately below Sec. 13-409, by inserting the 28 following: 29 "(220 ILCS 5/13-410 new) 30 (Section scheduled to be repealed on July 1, 2005) 31 Sec. 13-410. Local retail rates; study; limitation. 32 (a) The Illinois Commerce Commission shall conduct a -5- LRB093 10553 NHT 16389 a 1 study to determine the lowest local basic service rates for 2 telecommunications services immediately before May 9, 2003 3 (the effective date of Public Act 93-5). The Commission shall 4 report its findings to the Governor and the General Assembly 5 before November 1, 2003. 6 (b) Beginning January 1, 2004, persons eligible for a 7 grant under Section 4 of the Senior Citizens and Disabled 8 Persons Property Tax Relief and Pharmaceutical Assistance Act 9 must not be charged telecommunications rates for local basic 10 service by an incumbent local exchange carrier whose 11 wholesale rates increased as a result of Public Act 93-5 12 higher than the lowest local basic service rates immediately 13 before May 9, 2003 (the effective date of Public Act 93-5), 14 as determined by the Illinois Commerce Commission under 15 subsection (a) of this Section. Each incumbent local exchange 16 carrier whose wholesale rates increased as a result of Public 17 Act 93-5 must notify all of its customers of the provisions 18 of this subsection (b). 19 (c) The Illinois Commerce Commission must adopt any 20 rules necessary to implement this Section.".