Illinois General Assembly - Full Text of HB3128
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Full Text of HB3128  99th General Assembly


Rep. Jay Hoffman

Filed: 4/16/2015





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2    AMENDMENT NO. ______. Amend House Bill 3128 by inserting
3below line 3 the following:
4    "Section 3. The Illinois Administrative Procedure Act is
5amended by changing Sections 1-20 and 1-70 as follows:
6    (5 ILCS 100/1-20)  (from Ch. 127, par. 1001-20)
7    Sec. 1-20. "Agency" means each officer, board, commission,
8and agency created by the Constitution, whether in the
9executive, legislative, or judicial branch of State
10government, but other than the circuit court; each officer,
11department, board, commission, agency, institution, authority,
12university, and body politic and corporate of the State; each
13administrative unit or corporate outgrowth of the State
14government that is created by or pursuant to statute, other
15than units of local government and their officers, school
16districts, and boards of election commissioners; and each



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1administrative unit or corporate outgrowth of the above and as
2may be created by executive order of the Governor. "Agency",
3however, does not include the following:
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.
10        (2) The Governor, except with respect to
11    intergovernmental agreements.
12        (3) The justices and judges of the Supreme and
13    Appellate Courts.
14        (4) The Legislative Ethics Commission.
15(Source: P.A. 95-331, eff. 8-21-07.)
16    (5 ILCS 100/1-70)  (from Ch. 127, par. 1001-70)
17    Sec. 1-70. "Rule" means each agency statement of general
18applicability that implements, applies, interprets, or
19prescribes law or policy, but does not include (i) statements
20concerning only the internal management of an agency and not
21affecting private rights or procedures available to persons or
22entities outside the agency, (ii) informal advisory rulings
23issued under Section 5-150, (iii) intra-agency memoranda, (iv)
24the prescription of standardized forms, (v) documents prepared
25or filed or actions taken by the Legislative Reference Bureau



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1under Section 5.04 of the Legislative Reference Bureau Act, or
2(vi) guidance documents prepared by the Illinois Environmental
3Protection Agency under Section 39.5 or subsection (s) of
4Section 39 of the Environmental Protection Act. "Rule" also
5includes the exclusive means by which a State agency may enter
6into or implement an intergovernmental agreement as provided in
7Section 3 of the Intergovernmental Cooperation Act.
8(Source: P.A. 97-95, eff. 7-12-11; 97-1081, eff. 8-24-12.)
9    Section 10. The Intergovernmental Cooperation Act is
10amended by changing Section 3 as follows:
11    (5 ILCS 220/3)  (from Ch. 127, par. 743)
12    Sec. 3. Intergovernmental cooperation.
13    (a) Any power or powers, privileges, functions, or
14authority exercised or which may be exercised by a public
15agency of this State may be exercised, combined, transferred,
16and enjoyed jointly with any other public agency of this State
17and jointly with any public agency of any other state or of the
18United States to the extent that laws of such other state or of
19the United States do not prohibit joint exercise or enjoyment
20and except where specifically and expressly prohibited by law.
21This includes, but is not limited to, (i) arrangements between
22the Illinois Student Assistance Commission and agencies in
23other states which issue professional licenses and (ii)
24agreements between the Department of Healthcare and Family



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1Services (formerly Illinois Department of Public Aid) and
2public agencies for the establishment and enforcement of child
3support orders and for the exchange of information that may be
4necessary for the enforcement of those child support orders.
5    (b) The exclusive means by which a State agency, as defined
6in Section 1-20 of the Illinois Administrative Procedure Act,
7may enter into or implement an intergovernmental agreement with
8another State agency is by the prior adoption of rules in
9accordance with the Illinois Administrative Procedure Act. Two
10or more State agencies that wish to participate in the same
11intergovernmental agreement may do so by adopting joint rules
12in accordance with the Illinois Administrative Procedure Act.
13The rules must include, at a minimum, the actual terms and
14conditions of the specific intergovernmental agreement that is
15contemplated by the State agency or agencies.
16    Within 6 months after the effective date of this amendatory
17Act of the 99th General Assembly, each State agency must file,
18with the Legislative Audit Commission, a copy of each
19intergovernmental agreement entered into by that agency, or any
20of its predecessor agencies, with another State agency prior to
21the effective date of this amendatory Act of the 99th General
22Assembly that was not fully performed by all parties before
23that effective date.
24    (c) Notwithstanding any other provision of law, no State
25agency, as defined in Section 1-20 of the Illinois
26Administrative Procedure Act, may enter into an



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1intergovernmental agreement with another State agency that
2authorizes sharing of appropriation line items unless that
3agreement is approved by a joint resolution of the General
5(Source: P.A. 95-331, eff. 8-21-07.)".