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90_HB1492
5 ILCS 100/5-15 from Ch. 127, par. 1005-15
5 ILCS 100/5-75 from Ch. 127, par. 1005-75
Amends the Illinois Administrative Procedure Act.
Provides that requests for copies of agency rules and
materials incorporated by reference in those rules shall not
be deemed Freedom of Information Act requests unless so
labeled by the requestor. Effective immediately.
LRB9003931PTcw
LRB9003931PTcw
1 AN ACT concerning administrative procedure.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Sections 5-15 and 5-75 as follows:
6 (5 ILCS 100/5-15) (from Ch. 127, par. 1005-15)
7 Sec. 5-15. Required rules.
8 (a) Each agency shall maintain as rules the following:
9 (1) A current description of the agency's
10 organization with necessary charts depicting that
11 organization.
12 (2) The current procedures by which the public can
13 obtain information or make submissions or requests on
14 subjects, programs, and activities of the agency.
15 Requests for copies of agency rules shall not be deemed
16 Freedom of Information Act requests unless so labeled by
17 the requestor.
18 (3) Tables of contents, indices, reference tables,
19 and other materials to aid users in finding and using the
20 agency's collection of rules currently in force.
21 (4) A current description of the agency's
22 rulemaking procedures with necessary flow charts
23 depicting those procedures.
24 (5) Any rules adopted under this Section in
25 accordance with Sections 5-75 and 10-20 of this Act.
26 (b) The rules required to be filed by this Section may
27 be adopted, amended, or repealed and filed as provided in
28 this Section instead of any other provisions or requirements
29 of this Act.
30 The rules required by this Section may be adopted,
31 amended, or repealed by filing a certified copy with the
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1 Secretary of State under subsections (a) and (b) of Section
2 5-65 and may become effective immediately.
3 (Source: P.A. 87-823.)
4 (5 ILCS 100/5-75) (from Ch. 127, par. 1005-75)
5 Sec. 5-75. Incorporation by reference.
6 (a) An agency may incorporate by reference, in its rules
7 adopted under Section 5-35, rules, regulations, standards,
8 and guidelines of an agency of the United States or a
9 nationally or state recognized organization or association
10 without publishing the incorporated material in full. The
11 reference in the agency rules must fully identify the
12 incorporated matter by publisher address and date in order to
13 specify how a copy of the material may be obtained and must
14 state that the rule, regulation, standard, or guideline does
15 not include any later amendments or editions. An agency may
16 incorporate by reference these matters in its rules only if
17 the agency, organization, or association originally issuing
18 the matter makes copies readily available to the public.
19 This Section does not apply to any agency internal manual.
20 For any law imposing taxes on or measured by income, the
21 Department of Revenue may promulgate rules that include
22 incorporations by reference of federal rules or regulations
23 without identifying the incorporated matter by date and
24 without including a statement that the incorporation does not
25 include later amendments.
26 (b) Use of the incorporation by reference procedure
27 under this Section shall be reviewed by the Joint Committee
28 on Administrative Rules during the rulemaking process as set
29 forth in this Act.
30 (c) The agency adopting a rule, regulation, standard, or
31 guideline under this Section shall maintain a copy of the
32 referenced rule, regulation, standard, or guideline in at
33 least one of its principal offices and shall make it
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1 available to the public upon request for inspection and
2 copying at no more than cost. Requests for copies of
3 materials incorporated by reference shall not be deemed
4 Freedom of Information Act requests unless so labeled by the
5 requestor. The agency shall designate by rule the agency
6 location at which incorporated materials are maintained and
7 made available to the public for inspection and copying.
8 These rules may be adopted under the procedures in Section
9 5-15. In addition, the agency may include the designation of
10 the agency location of incorporated materials in a rulemaking
11 under Section 5-35, but emergency and peremptory rulemaking
12 procedures may not be used solely for this purpose.
13 (Source: P.A. 86-599; 87-823.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.