Full Text of SB2234 93rd General Assembly
SB2234ham001 93RD GENERAL ASSEMBLY
|
Rep. Jack D. Franks
Filed: 11/8/2004
|
|
09300SB2234ham001 |
|
LRB093 15890 RCE 53948 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2234
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2234 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Administrative Procedure Act is | 5 |
| amended by changing and reenacting Sections 5-115, 5-120, and | 6 |
| 5-125 and validating all actions taken thereunder as follows:
| 7 |
| (5 ILCS 100/5-115) (from Ch. 127, par. 1005-115)
| 8 |
| Sec. 5-115. Other action by the Joint Committee.
| 9 |
| (a) If the Joint Committee determines that the adoption and | 10 |
| effectiveness
of a proposed rule, amendment, or repealer or | 11 |
| portion of a proposed rule,
amendment, or repealer by an agency | 12 |
| would be objectionable under any of the
standards for the Joint | 13 |
| Committee's review specified in Section 5-100,
5-105, 5-110, | 14 |
| 5-120, or 5-130 and would constitute a serious threat
to the | 15 |
| public interest, safety, or welfare, the Joint Committee may
| 16 |
| issue a statement to that effect at any time before the | 17 |
| proposed rule,
amendment, or repealer takes effect. The | 18 |
| statement may be issued by the
Joint Committee only upon the | 19 |
| affirmative vote of three-fifths of the
members appointed to | 20 |
| the Joint Committee. The Joint Committee, however, may withdraw | 21 |
| a statement within 180 days after it is issued upon the | 22 |
| affirmative vote of a majority of the members appointed to the | 23 |
| Joint Committee. A certified copy of each
statement and | 24 |
| withdrawal shall be transmitted to the proposing agency and to |
|
|
|
09300SB2234ham001 |
- 2 - |
LRB093 15890 RCE 53948 a |
|
| 1 |
| the Secretary
of State for publication in the next available | 2 |
| issue of the Illinois Register.
| 3 |
| (b) The proposed rule, amendment, or repealer or the | 4 |
| portion of the proposed
rule, amendment, or repealer to which | 5 |
| the Joint Committee has issued a
statement under subsection (a) | 6 |
| shall not be accepted for filing by the
Secretary of State and | 7 |
| shall not
nor take effect unless the statement is withdrawn or | 8 |
| a joint resolution is passed as provided in subsection (c). The | 9 |
| agency may not enforce or
invoke for any reason a proposed | 10 |
| rule, amendment, or repealer or any
portion thereof that is | 11 |
| prohibited from being filed by this subsection.
| 12 |
| (c) After the issuance
of a statement under subsection (a), | 13 |
| any member of the General Assembly may introduce in
the General
| 14 |
| Assembly a joint resolution stating that the General Assembly | 15 |
| desires to discontinue the prohibition against the proposed | 16 |
| rule, amendment, or repealer
or the portion thereof to which | 17 |
| the statement was issued being filed and
taking effect. If the | 18 |
| joint
resolution is not passed by both houses of the General | 19 |
| Assembly within 180
days after receipt of the statement by the | 20 |
| Secretary of State or the statement is not withdrawn as | 21 |
| provided in subsection (a), the agency shall be prohibited from
| 22 |
| filing the proposed rule, amendment, or repealer or the portion | 23 |
| thereof and
the proposed rule, amendment, or repealer or the | 24 |
| portion thereof
shall not take effect. The Secretary of State | 25 |
| shall not accept for filing
the proposed rule, amendment, or | 26 |
| repealer or the portion thereof with respect to which the Joint | 27 |
| Committee has issued a statement under subsection (a) unless | 28 |
| that statement is withdrawn or a joint resolution is passed as | 29 |
| provided in this subsection. If the 180-day period expires | 30 |
| before
passage of the joint resolution, the agency may not file | 31 |
| the proposed rule,
amendment, or repealer or the portion | 32 |
| thereof as adopted and it shall not
take effect.
| 33 |
| (d) If a statement is issued under this Section, then, in | 34 |
| response to an objection or suggestion of the Joint Committee, |
|
|
|
09300SB2234ham001 |
- 3 - |
LRB093 15890 RCE 53948 a |
|
| 1 |
| the agency may propose changes to the proposed rule, amendment, | 2 |
| or repealer or portion of a proposed rule, amendment, or | 3 |
| repealer. If the agency proposes changes, it must provide | 4 |
| additional notice to the Joint Committee under the same terms | 5 |
| and conditions and shall be subject to the same requirements | 6 |
| and limitations as those set forth for a second notice period | 7 |
| under subsection (c) of Section 5-40.
| 8 |
| (Source: P.A. 93-1035, eff. 9-10-04.)
| 9 |
| (5 ILCS 100/5-120) (from Ch. 127, par. 1005-120)
| 10 |
| Sec. 5-120. Responsibilities of the Joint Committee with | 11 |
| respect to
emergency, peremptory, and other existing rules.
| 12 |
| (a) The Joint Committee may examine any rule to determine | 13 |
| whether the rule
is within the statutory authority upon which | 14 |
| it is based and whether the rule
is in proper form.
| 15 |
| (b) If the Joint Committee objects to a rule, it shall, | 16 |
| within 5 days
of the objection, certify the fact to the | 17 |
| adopting agency and include within
the certification a | 18 |
| statement of its specific objections.
| 19 |
| (c) Within 90 days after receiving the certification, the | 20 |
| agency shall
do one of the following:
| 21 |
| (1) Notify the Joint Committee that it has elected to | 22 |
| amend the rule to
meet the Joint Committee's objection.
| 23 |
| (2) Notify the Joint Committee that it has elected to | 24 |
| repeal the rule.
| 25 |
| (3) Notify the Joint Committee that it refuses to amend | 26 |
| or repeal
the rule.
| 27 |
| (d) If the agency elects to amend a rule to meet the Joint | 28 |
| Committee's
objections, it shall notify the Joint Committee in | 29 |
| writing and shall initiate
rulemaking procedures for that | 30 |
| purpose by giving notice as required by
Section 5-35. The Joint | 31 |
| Committee shall give priority to rules
so amended when setting | 32 |
| its agenda.
| 33 |
| (e) If the agency elects to repeal a rule as a result of |
|
|
|
09300SB2234ham001 |
- 4 - |
LRB093 15890 RCE 53948 a |
|
| 1 |
| the Joint
Committee's objections, it shall notify the Joint | 2 |
| Committee in writing of
its election and shall initiate | 3 |
| rulemaking procedures for that purpose by
giving notice as | 4 |
| required by Section 5-35.
| 5 |
| (f) If the agency elects to amend or repeal a rule as a | 6 |
| result of the
Joint Committee's objections, it shall complete | 7 |
| the process within 180 days
after giving notice in the Illinois | 8 |
| Register.
| 9 |
| (g) Failure of the agency to respond to the Joint | 10 |
| Committee's objections
to a rule within the time prescribed in | 11 |
| subsection (c) shall constitute
a refusal to amend or repeal | 12 |
| the rule.
| 13 |
| (h) If an agency refuses to amend or repeal a rule to | 14 |
| remedy an
objection stated by the Joint Committee, it shall | 15 |
| notify the Joint Committee
in writing of its refusal and shall | 16 |
| submit a notice of refusal to the Secretary
of State. The | 17 |
| notice shall be published in the next available issue of the
| 18 |
| Illinois Register. If the Joint Committee, in response to an | 19 |
| agency
refusal, decides to suspend a
the rule adopted under | 20 |
| Section 5-45 or 5-50 , then it may do so pursuant to Section | 21 |
| 5-125. Any member of the General Assembly may introduce | 22 |
| legislation in the General Assembly to implement the | 23 |
| recommendations of the Joint Committee concerning emergency, | 24 |
| peremptory, and other existing rules.
| 25 |
| (Source: P.A. 93-1035, eff. 9-10-04.)
| 26 |
| (5 ILCS 100/5-125) (from Ch. 127, par. 1005-125)
| 27 |
| Sec. 5-125. Other Joint Committee action with respect to | 28 |
| emergency or
peremptory rulemaking.
| 29 |
| (a) If the Joint Committee determines that a rule or | 30 |
| portion of a rule
adopted under Section 5-45 or 5-50 is | 31 |
| objectionable under any of the standards
for the Joint | 32 |
| Committee's review specified in Section 5-100, 5-105, 5-110,
| 33 |
| 5-120, or 5-130 and constitutes a serious threat to the public |
|
|
|
09300SB2234ham001 |
- 5 - |
LRB093 15890 RCE 53948 a |
|
| 1 |
| interest,
safety, or welfare, the Joint Committee may issue a | 2 |
| statement to that effect.
The statement may be issued by the | 3 |
| Joint Committee only upon the affirmative
vote of three-fifths | 4 |
| of the members appointed to the Joint Committee. The Joint | 5 |
| Committee, however, may withdraw a statement within 180 days | 6 |
| after it is issued upon the affirmative vote of a majority of | 7 |
| the members appointed to the Joint Committee. A
certified copy | 8 |
| of each statement and withdrawal shall be transmitted to the | 9 |
| affected agency and
to the Secretary of State for publication | 10 |
| in the next available issue of the
Illinois Register. Within 30 | 11 |
| days of transmittal of the statement to the
agency, the agency | 12 |
| shall notify the Joint Committee in writing whether it has
| 13 |
| elected to repeal or amend the rule. Failure of the agency to | 14 |
| notify the Joint
Committee and Secretary of State within 30 | 15 |
| days constitutes a decision by the
agency to not repeal the | 16 |
| rule.
| 17 |
| (b) The effectiveness of the rule or the portion of a rule | 18 |
| shall be
suspended immediately upon receipt of the certified
| 19 |
| statement by the Secretary of State. The Secretary of State | 20 |
| shall indicate
the suspension prominently and clearly on the | 21 |
| face of the affected rule or
the portion of a rule filed in the | 22 |
| Office of the Secretary of State. Rules
or portions of rules | 23 |
| suspended under this subsection shall not become effective
| 24 |
| again unless the statement is withdrawn as provided in | 25 |
| subsection (a) or unless within 180 days from receipt of the | 26 |
| statement by the
Secretary of State, the General Assembly | 27 |
| discontinues the suspension
by joint resolution under | 28 |
| subsection (c). The agency may not enforce, or invoke for any
| 29 |
| reason, a rule or portion of a rule that has been suspended | 30 |
| under this
subsection.
During the 180-day period, the agency | 31 |
| may not file, and
nor may
the Secretary of State may not accept | 32 |
| for filing, any rule that (i) has the
same purpose and effect | 33 |
| as rules or portions of rules suspended under this
subsection | 34 |
| or (ii) does not substantially address the statement issued |
|
|
|
09300SB2234ham001 |
- 6 - |
LRB093 15890 RCE 53948 a |
|
| 1 |
| under subsection (a), except as otherwise provided in this | 2 |
| Section.
| 3 |
| (c) After the issuance of
a statement under subsection (a), | 4 |
| any member of the General Assembly may introduce in the General | 5 |
| Assembly a joint resolution stating that the General Assembly
| 6 |
| desires to discontinue the suspension of effectiveness of a | 7 |
| rule or the portion
of the rule to which the statement was | 8 |
| issued. If the joint resolution is not passed by both houses of | 9 |
| the
General Assembly within the 180-day period provided in | 10 |
| subsection (b) or the statement is not withdrawn, the
rule or | 11 |
| the portion of the rule shall be considered repealed and the
| 12 |
| Secretary of State shall immediately remove the rule or portion | 13 |
| of a rule
from the collection of effective rules.
| 14 |
| (d) If a statement is issued under this Section, then, in | 15 |
| response to an objection or suggestion of the Joint Committee, | 16 |
| the agency may propose changes to the rule, amendment, or | 17 |
| repealer or portion of a rule, amendment, or repealer. If the | 18 |
| agency proposes changes, it must provide additional notice to | 19 |
| the Joint Committee under the same terms and conditions and | 20 |
| shall be subject to the same requirements and limitations as | 21 |
| those set forth for a second notice period under subsection (c) | 22 |
| of Section 5-40.
| 23 |
| (Source: P.A. 93-1035, eff. 9-10-04.)
| 24 |
| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.".
|
|