Illinois General Assembly - Full Text of HB0301
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Full Text of HB0301  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. David S. Olsen


5 ILCS 100/5-40  from Ch. 127, par. 1005-40

    Amends the Illinois Administrative Procedure Act. Provides that if an agency decides to hold a public hearing, it shall post on its Internet website certain requisite information to provide the public with notice of the proposed rulemaking. Provides that if an agency decides not to initiate a public hearing, it shall post the requirements to request a public hearing, along with information on the proposed rulemaking, on its Internet website. Effective immediately.

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HB0301LRB100 05286 RJF 15297 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Administrative Procedure Act is
5amended by changing Section 5-40 as follows:
6    (5 ILCS 100/5-40)  (from Ch. 127, par. 1005-40)
7    Sec. 5-40. General rulemaking.
8    (a) In all rulemaking to which Sections 5-45 and 5-50 do
9not apply, each agency shall comply with this Section.
10    (b) Each agency shall give at least 45 days' notice of its
11intended action to the general public. This first notice period
12shall commence on the first day the notice appears in the
13Illinois Register. The first notice shall include all the
15        (1) The text of the proposed rule, the old and new
16    materials of a proposed amendment, or the text of the
17    provision to be repealed.
18        (2) The specific statutory citation upon which the
19    proposed rule, the proposed amendment to a rule, or the
20    proposed repeal of a rule is based and by which it is
21    authorized.
22        (3) A complete description of the subjects and issues
23    involved.



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1        (3.5) A descriptive title or other description of any
2    published study or research report used in developing the
3    rule, the identity of the person who performed such study,
4    and a description of where the public may obtain a copy of
5    any such study or research report. If the study was
6    performed by an agency or by a person or entity that
7    contracted with the agency for the performance of the
8    study, the agency shall also make copies of the underlying
9    data available to members of the public upon request if the
10    data are not protected from disclosure under the Freedom of
11    Information Act.
12        (4) For all proposed rules and proposed amendments to
13    rules, an initial regulatory flexibility analysis
14    containing a description of the types of small businesses
15    subject to the rule; a brief description of the proposed
16    reporting, bookkeeping, and other procedures required for
17    compliance with the rule; and a description of the types of
18    professional skills necessary for compliance.
19        (5) The time, place, and manner in which interested
20    persons may present their views and comments concerning the
21    proposed rulemaking.
22    During the first notice period, the agency shall accept
23from any interested persons data, views, arguments, or
24comments. These may, in the discretion of the agency, be
25submitted either orally or in writing or both. The notice
26published in the Illinois Register shall indicate the manner



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1selected by the agency for the submissions. The agency shall
2consider all submissions received.
3    The agency shall hold a public hearing on the proposed
4rulemaking during the first notice period if (i) during the
5first notice period, the agency finds that a public hearing
6would facilitate the submission of views and comments that
7might not otherwise be submitted or (ii) the agency receives a
8request for a public hearing, within the first 14 days after
9publication of the notice of proposed rulemaking in the
10Illinois Register, from 25 interested persons, an association
11representing at least 100 interested persons, the Governor, the
12Joint Committee on Administrative Rules, or a unit of local
13government that may be affected. If an agency finds that a
14public hearing would facilitate the submission of views and
15comments that might not otherwise be submitted, and decides to
16hold a public hearing, the agency shall post the information
17required under paragraphs (1) through (5) of this subsection
18(b) on its Internet website. If an agency decides not to
19initiate a public hearing, it shall post the requirements to
20request a public hearing under this subsection (b) on its
21Internet website, as well as the information required under
22paragraphs (1) through (5) of this subsection (b). At the
23public hearing, the agency shall allow interested persons to
24present views and comments on the proposed rulemaking. A public
25hearing in response to a request for a hearing may not be held
26less than 20 days after the publication of the notice of



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1proposed rulemaking in the Illinois Register unless notice of
2the public hearing is included in the notice of proposed
3rulemaking. A public hearing on proposed rulemaking may not be
4held less than 5 days before submission of the notice required
5under subsection (c) of this Section to the Joint Committee on
6Administrative Rules. Each agency may prescribe reasonable
7rules for the conduct of public hearings on proposed rulemaking
8to prevent undue repetition at the hearings. The hearings must
9be open to the public and recorded by stenographic or
10mechanical means. At least one agency representative shall be
11present during the hearing who is qualified to respond to
12general questions from the public regarding the agency's
13proposal and the rulemaking process.
14    (c) Each agency shall provide additional notice of the
15proposed rulemaking to the Joint Committee on Administrative
16Rules. The period commencing on the day written notice is
17received by the Joint Committee shall be known as the second
18notice period and shall expire 45 days thereafter unless before
19that time the agency and the Joint Committee have agreed to
20extend the second notice period beyond 45 days for a period not
21to exceed an additional 45 days or unless the agency has
22received a statement of objection from the Joint Committee or
23notification from the Joint Committee that no objection will be
24issued. The written notice to the Joint Committee shall include
25(i) the text and location of any changes made to the proposed
26rulemaking during the first notice period in a form prescribed



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1by the Joint Committee; (ii) for all proposed rules and
2proposed amendments to rules, a final regulatory flexibility
3analysis containing a summary of issues raised by small
4businesses during the first notice period and a description of
5actions taken on any alternatives to the proposed rule
6suggested by small businesses during the first notice period,
7including reasons for rejecting any alternatives not utilized;
8and (iii) if a written request has been made by the Joint
9Committee within 30 days after initial notice appears in the
10Illinois Register under subsection (b) of this Section, an
11analysis of the economic and budgetary effects of the proposed
12rulemaking. After commencement of the second notice period, no
13substantive change may be made to a proposed rulemaking unless
14it is made in response to an objection or suggestion of the
15Joint Committee. The agency shall also send a copy of the final
16regulatory flexibility analysis to each small business that has
17presented views or comments on the proposed rulemaking during
18the first notice period and to any other interested person who
19requests a copy. The agency may charge a reasonable fee for
20providing the copies to cover postage and handling costs.
21    (d) After the expiration of the second notice period, after
22notification from the Joint Committee that no objection will be
23issued, or after a response by the agency to a statement of
24objections issued by the Joint Committee, whichever is
25applicable, the agency shall file, under Section 5-65, a
26certified copy of each rule, modification, or repeal of any



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1rule adopted by it. The copy shall be published in the Illinois
2Register. Each rule hereafter adopted under this Section is
3effective upon filing unless a later effective date is required
4by statute or is specified in the rulemaking.
5    (e) No rule or modification or repeal of any rule may be
6adopted, or filed with the Secretary of State, more than one
7year after the date the first notice period for the rulemaking
8under subsection (b) commenced. Any period during which the
9rulemaking is prohibited from being filed under Section 5-115
10shall not be considered in calculating this one-year time
12(Source: P.A. 92-330, eff. 1-1-02.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.