Full Text of HB0276 96th General Assembly
HB0276enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Administrative Procedure Act is | 5 |
| amended by changing Section 1-5 as follows:
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| (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
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| Sec. 1-5. Applicability.
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| (a) This Act applies to every agency as defined in this | 9 |
| Act.
Beginning January 1, 1978, in case of conflict between the | 10 |
| provisions of
this Act and the Act creating or conferring power | 11 |
| on an agency, this Act
shall control. If, however, an agency | 12 |
| (or its predecessor in the case of
an agency that has been | 13 |
| consolidated or reorganized) has existing procedures
on July 1, | 14 |
| 1977, specifically for contested cases or licensing, those | 15 |
| existing
provisions control, except that this exception | 16 |
| respecting contested
cases and licensing does not apply if the | 17 |
| Act creating or conferring
power on the agency adopts by | 18 |
| express reference the provisions of this
Act. Where the Act | 19 |
| creating or conferring power on an agency
establishes | 20 |
| administrative procedures not covered by this Act, those
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| procedures shall remain in effect.
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| (a-5) For purposes of clarification only, no agency as | 23 |
| defined in this Act is exempt from the requirement to adopt |
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| rules covering agency statements of general applicability that | 2 |
| implement, apply, interpret, or prescribe law or policy | 3 |
| affecting persons or entities outside the agency in accordance | 4 |
| with Article 5 of this Act unless the agency is granted a | 5 |
| specific exemption from rulemaking under this Act. This | 6 |
| rulemaking requirement applies to, in addition to all other | 7 |
| agency policies affecting persons or entities outside the | 8 |
| agency, grant-making policies. All agencies as defined in this | 9 |
| Act that have grant-making authority shall adopt rules | 10 |
| governing their procedures for soliciting applications for | 11 |
| grants, awarding grants, recordkeeping and auditing | 12 |
| requirements with respect to grants, disbursing grant funds, | 13 |
| and other aspects of the grant-making process. | 14 |
| (b) The provisions of this Act do not apply to (i) | 15 |
| preliminary
hearings, investigations, or practices where no | 16 |
| final determinations
affecting State funding are made by the | 17 |
| State Board of Education, (ii) legal
opinions issued under | 18 |
| Section 2-3.7 of the School Code, (iii) as to State
colleges | 19 |
| and universities, their disciplinary and grievance | 20 |
| proceedings,
academic irregularity and capricious grading | 21 |
| proceedings, and admission
standards and procedures, and (iv) | 22 |
| the class specifications for positions
and individual position | 23 |
| descriptions prepared and maintained under the
Personnel Code. | 24 |
| Those class specifications shall, however, be made
reasonably | 25 |
| available to the public for inspection and copying. The
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| provisions of this Act do not apply to hearings under Section |
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| 20 of the
Uniform Disposition of Unclaimed Property Act.
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| (c) Section 5-35 of this Act relating to procedures for | 3 |
| rulemaking
does not apply to the following:
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| (1) Rules adopted by the Pollution Control Board that, | 5 |
| in accordance
with Section 7.2 of the Environmental | 6 |
| Protection Act, are identical in
substance to federal | 7 |
| regulations or amendments to those regulations
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| implementing the following: Sections 3001, 3002, 3003, | 9 |
| 3004, 3005, and 9003
of the Solid Waste Disposal Act; | 10 |
| Section 105 of the Comprehensive Environmental
Response, | 11 |
| Compensation, and Liability Act of 1980; Sections 307(b), | 12 |
| 307(c),
307(d), 402(b)(8), and 402(b)(9) of the Federal | 13 |
| Water Pollution Control
Act; and Sections 1412(b), | 14 |
| 1414(c), 1417(a), 1421, and 1445(a) of the Safe
Drinking | 15 |
| Water Act.
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| (2) Rules adopted by the Pollution Control Board that | 17 |
| establish or
amend standards for the emission of | 18 |
| hydrocarbons and carbon monoxide from
gasoline powered | 19 |
| motor vehicles subject to inspection under the Vehicle | 20 |
| Emissions Inspection Law of 2005 or its predecessor laws.
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| (3) Procedural rules adopted by the Pollution Control | 22 |
| Board governing
requests for exceptions under Section 14.2 | 23 |
| of the Environmental Protection Act.
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| (4) The Pollution Control Board's grant, pursuant to an
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| adjudicatory determination, of an adjusted standard for | 26 |
| persons who can
justify an adjustment consistent with |
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| subsection (a) of Section 27 of
the Environmental | 2 |
| Protection Act.
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| (5) Rules adopted by the Pollution Control Board that | 4 |
| are identical in
substance to the regulations adopted by | 5 |
| the Office of the State Fire
Marshal under clause (ii) of | 6 |
| paragraph (b) of subsection (3) of Section 2
of the | 7 |
| Gasoline Storage Act.
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| (d) Pay rates established under Section 8a of the Personnel | 9 |
| Code
shall be amended or repealed pursuant to the process set | 10 |
| forth in Section
5-50 within 30 days after it becomes necessary | 11 |
| to do so due to a conflict
between the rates and the terms of a | 12 |
| collective bargaining agreement
covering the compensation of | 13 |
| an employee subject to that Code.
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| (e) Section 10-45 of this Act shall not apply to any | 15 |
| hearing, proceeding,
or investigation conducted under Section | 16 |
| 13-515 of the Public Utilities Act.
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| (f) Article 10 of this Act does not apply to any hearing, | 18 |
| proceeding, or
investigation conducted by the State Council for | 19 |
| the State of Illinois created
under Section 3-3-11.05 of the | 20 |
| Unified Code of Corrections or by the Interstate
Commission for | 21 |
| Adult Offender Supervision created under the
Interstate | 22 |
| Compact for Adult Offender Supervision or by the Interstate | 23 |
| Commission for Juveniles created under the Interstate Compact | 24 |
| for Juveniles.
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| (g) This Act is subject to the provisions of Article XXI of
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| the Public Utilities Act. To the extent that any provision of
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| this Act conflicts with the provisions of that Article XXI, the
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| provisions of that Article XXI control.
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| (Source: P.A. 95-9, eff. 6-30-07; 95-331, eff. 8-21-07; 95-937, | 4 |
| eff. 8-26-08.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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