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Rep. Jay Hoffman
Filed: 4/16/2015
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1 | | AMENDMENT TO HOUSE BILL 3128
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2 | | AMENDMENT NO. ______. Amend House Bill 3128 by inserting |
3 | | below line 3 the following:
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4 | | "Section 3. The Illinois Administrative Procedure Act is |
5 | | amended by changing Sections 1-20 and 1-70 as follows: |
6 | | (5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
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7 | | Sec. 1-20. "Agency" means each officer, board, commission, |
8 | | and agency
created by the Constitution, whether in the |
9 | | executive, legislative, or
judicial branch of State |
10 | | government, but other than the circuit court; each
officer, |
11 | | department, board, commission, agency, institution, authority,
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12 | | university, and body politic and corporate of the State; each
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13 | | administrative unit or corporate outgrowth of the State |
14 | | government that is
created by or pursuant to statute, other |
15 | | than units of local government and
their officers, school |
16 | | districts, and boards of election commissioners; and
each |
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1 | | administrative unit or corporate outgrowth of the above and as |
2 | | may be
created by executive order of the Governor. "Agency", |
3 | | however, does not
include the following:
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4 | | (1) The House of Representatives and Senate and their |
5 | | respective
standing and service committees, including |
6 | | without limitation the
Board of the Office of the Architect |
7 | | of the Capitol and the Architect of the
Capitol established |
8 | | under
the Legislative Commission Reorganization Act of |
9 | | 1984.
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10 | | (2) The Governor , except with respect to |
11 | | intergovernmental agreements .
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12 | | (3) The justices and judges of the Supreme and |
13 | | Appellate Courts.
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14 | | (4) The Legislative Ethics Commission.
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15 | | (Source: P.A. 95-331, eff. 8-21-07.)
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16 | | (5 ILCS 100/1-70) (from Ch. 127, par. 1001-70)
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17 | | Sec. 1-70.
"Rule" means each agency statement of general |
18 | | applicability
that implements, applies, interprets, or |
19 | | prescribes law or policy, but does
not include (i) statements |
20 | | concerning only the internal management of an
agency and not |
21 | | affecting private rights or procedures available to persons
or |
22 | | entities outside the agency, (ii) informal advisory rulings |
23 | | issued under
Section 5-150, (iii) intra-agency memoranda, (iv) |
24 | | the prescription of
standardized forms, (v) documents prepared |
25 | | or filed or actions taken
by the Legislative Reference Bureau |
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1 | | under Section 5.04 of the Legislative
Reference Bureau Act, or |
2 | | (vi) guidance documents prepared by the Illinois Environmental |
3 | | Protection Agency under Section 39.5 or subsection (s) of |
4 | | Section 39 of the Environmental Protection Act. "Rule" also |
5 | | includes the exclusive means by which a State agency may enter |
6 | | into or implement an intergovernmental agreement as provided in |
7 | | Section 3 of the Intergovernmental Cooperation Act.
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8 | | (Source: P.A. 97-95, eff. 7-12-11; 97-1081, eff. 8-24-12.)
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9 | | Section 10. The Intergovernmental Cooperation Act is |
10 | | amended by changing Section 3 as follows:
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11 | | (5 ILCS 220/3) (from Ch. 127, par. 743)
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12 | | Sec. 3. Intergovernmental cooperation. |
13 | | (a) Any power or powers, privileges, functions, or |
14 | | authority exercised or which
may be
exercised by a public |
15 | | agency of this State may be exercised, combined,
transferred, |
16 | | and enjoyed
jointly with any other public agency of this State |
17 | | and jointly with any
public agency of any other state or of the |
18 | | United States to the extent that
laws of such other state or of |
19 | | the United States do not prohibit joint
exercise or enjoyment |
20 | | and except where specifically and expressly prohibited
by law.
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21 | | This includes, but is not limited to, (i) arrangements between |
22 | | the Illinois
Student Assistance Commission and agencies in |
23 | | other states which issue
professional licenses and (ii) |
24 | | agreements between the Department of Healthcare and Family |
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1 | | Services (formerly
Illinois Department of
Public Aid) and |
2 | | public agencies for the establishment and enforcement of child
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3 | | support orders and for the exchange of information that may be |
4 | | necessary for
the enforcement of those child support orders.
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5 | | (b) The exclusive means by which a State agency, as defined |
6 | | in Section 1-20 of the Illinois Administrative Procedure Act, |
7 | | may enter into or implement an intergovernmental agreement with |
8 | | another State agency is by the prior adoption of rules in |
9 | | accordance with the Illinois Administrative Procedure Act. Two |
10 | | or more State agencies that wish to participate in the same |
11 | | intergovernmental agreement may do so by adopting joint rules |
12 | | in accordance with the Illinois Administrative Procedure Act. |
13 | | The rules must include, at a minimum, the actual terms and |
14 | | conditions of the specific intergovernmental agreement that is |
15 | | contemplated by the State agency or agencies. |
16 | | Within 6 months after the effective date of this amendatory |
17 | | Act of the 99th General Assembly, each State agency must file, |
18 | | with the Legislative Audit Commission, a copy of each |
19 | | intergovernmental agreement entered into by that agency, or any |
20 | | of its predecessor agencies, with another State agency prior to |
21 | | the effective date of this amendatory Act of the 99th General |
22 | | Assembly that was not fully performed by all parties before |
23 | | that effective date.
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24 | | (c) Notwithstanding any other provision of law, no State |
25 | | agency, as defined in Section 1-20 of the Illinois |
26 | | Administrative Procedure Act, may enter into an |