HB1073 94TH GENERAL ASSEMBLY

LRB094 09273 RCE 40898 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1073

Introduced 2/8/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie

SYNOPSIS AS INTRODUCED:

5 ILCS 100/1-20	from Ch. 127, par. 1001-20
5 ILCS 100/1-70	from Ch. 127, par. 1001-70
5 ILCS 220/3	from Ch. 127, par. 743

Amends the Illinois Administrative Procedure Act and the Intergovernmental Cooperation Act. Requires that before entering into or implementing an intergovernmental agreement, a State agency must adopt administrative rules as the means of doing so, including rules that establish the terms and conditions of the agreement. Provides that if 2 or more State agencies wish to participate in an intergovernmental agreement, they may adopt joint rules. Requires State agencies to file, with the Secretary of State within 6 months, copies of existing intergovernmental agreements that have not been fully performed by all parties. Adopts the definition of State "agency" from the Illinois Administrative Procedure Act and includes the Governor for purposes of intergovernmental agreements. 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 changing Sections 1-20 and 1-70 as follows:

(5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)

Sec. 1-20. "Agency" means each officer, board, commission, and agency created by the Constitution, whether in the executive, legislative, or judicial branch of State government, but other than the circuit court; each officer, department, board, commission, agency, institution, authority, university, and body politic and corporate of the State; each administrative unit or corporate outgrowth of the State government that is created by or pursuant to statute, other than units of local government and their officers, school districts, and boards of election commissioners; and each administrative unit or corporate outgrowth of the above and as may be created by executive order of the Governor. "Agency", however, does not include the following:

(1) The House of Representatives and Senate and their respective standing and service committees, including without limitation the Board of the Office of the Architect of the Capitol and the Architect of the Capitol established under the Legislative Commission Reorganization Act of 1984.

(2) The Governor, except with respect to intergovernmental agreements.

(3) The justices and judges of the Supreme and Appellate Courts.

(4) The Legislative Ethics Commission.

(Source: P.A. 93-617, eff. 12-9-03; 93-632, eff. 2-1-04; revised 1-9-04.)

(5 ILCS 100/1-70) (from Ch. 127, par. 1001-70)

Sec. 1-70. "Rule" means each agency statement of general applicability that implements, applies, interprets, or prescribes law or policy, but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to persons or entities outside the agency, (ii) informal advisory rulings issued under Section 5-150, (iii) intra-agency memoranda, (iv) the prescription of standardized forms, or (v) documents prepared or filed or actions taken by the Legislative Reference Bureau under Section 5.04 of the Legislative Reference Bureau Act. "Rule" also includes the exclusive means by which a State agency may enter into or implement an intergovernmental agreement as provided in Section 3 of the Intergovernmental Cooperation Act.

(Source: P.A. 87-823; 87-1005.)

Section 10. The Intergovernmental Cooperation Act is amended by changing Section 3 as follows:

(5 ILCS 220/3) (from Ch. 127, par. 743)

Sec. 3. Intergovernmental cooperation.

(a) Any power or powers, privileges, functions, or authority exercised or which may be exercised by a public agency of this State may be exercised, combined, transferred, and enjoyed jointly with any other public agency of this State and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States do not prohibit joint exercise or enjoyment and except where specifically and expressly prohibited by law. This includes, but is not limited to, (i) arrangements between the Illinois Student Assistance Commission and agencies in other states which issue professional licenses and (ii) agreements between the Illinois Department of Public Aid and public agencies for the establishment and enforcement of child support orders and for the exchange of information that may be necessary for the enforcement of those child support orders.

(b) The exclusive means by which a State agency, as defined in Section 1-20 of the Illinois Administrative Procedure Act, may enter into or implement an intergovernmental agreement is by the prior adoption of rules in accordance with the Illinois Administrative Procedure Act. Two or more State agencies who wish to participate in the same intergovernmental agreement may do so by adopting joint rules in accordance with the Illinois Administrative Procedure Act. The rules must include, at a minimum, the actual terms and conditions of the specific intergovernmental agreement that is contemplated by the State agency or agencies.

Within 6 months after the effective date of this amendatory Act of the 94th General Assembly, each State agency must file, with the Index Department of the Office of the Secretary of State, a copy of each intergovernmental agreement entered into by that agency, or any of its predecessor agencies, prior to the effective date of this amendatory Act of the 94th General Assembly that was not fully performed by all parties before that effective date.

(Source: P.A. 90-18, eff. 7-1-97; 91-298, eff. 7-29-99.)

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