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90_HB3451
SEE INDEX
Amends the Illinois Administrative Procedure Act.
Provides that, unless a specific exemption is listed in the
Act, procedures for rulemaking (including emergency
rulemaking) in the Act control, notwithstanding other Acts.
Incorporates certain exemptions into the Act. Changes
various notice requirements for general rulemaking. Deletes
language regarding certain exemptions to emergency
rulemaking requirements. Provides that rule text adopted by
filing with the Secretary of State shall be created from the
Illinois Administrative Code database maintained by the
Legislative Information System and the Joint Committee on
Administrative Rules in cooperation with the Secretary of
State. Makes various changes concerning JCAR's powers and
responsibilities and the periodic review of existing rules.
Repeals provisions concerning emergency rulemaking for budget
reduction initiatives for Fiscal Year 1996. Makes other
changes. Effective immediately.
LRB9007486WHmgA
LRB9007486WHmgA
1 AN ACT to amend the Illinois Administrative Procedure Act
2 by changing Sections 1-5, 5-5, 5-35, 5-40, 5-45, 5-50, 5-70,
3 5-100, 5-105, and 5-130; by adding Sections 1-32 and 1-33;
4 by renumbering Section 1-85; and by repealing Section 5-46.1.
5 Be it enacted by the People of the State of Illinois,
6 represented in the General Assembly:
7 Section 5. The Illinois Administrative Procedure Act is
8 amended by changing Sections 1-5, 5-5, 5-35, 5-40, 5-45,
9 5-50, 5-70, 5-100, 5-105, and 5-130 and by adding Sections
10 1-32 and 1-33 as follows:
11 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
12 Sec. 1-5. Applicability.
13 (a) This Act applies to every agency as defined in this
14 Act. Beginning January 1, 1978, in case of conflict between
15 the provisions of this Act and the Act creating or conferring
16 power on an agency, this Act shall control. If, however, an
17 agency (or its predecessor in the case of an agency that has
18 been consolidated or reorganized) has existing procedures on
19 July 1, 1977, specifically for contested cases or licensing,
20 those existing provisions control, except that this exception
21 respecting contested cases and licensing does not apply if
22 the Act creating or conferring power on the agency adopts by
23 express reference the provisions of this Act. Where the Act
24 creating or conferring power on an agency establishes
25 administrative procedures not covered by this Act, those
26 procedures shall remain in effect.
27 (b) Beginning January 1, 1999, the provisions of this
28 Act relating to procedures for rulemaking control, other Acts
29 pertaining to specific agencies' rulemaking procedures
30 notwithstanding, unless a specific exemption to this Act is
31 listed in this subsection (b).
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1 (1) The rulemaking procedures of Article 5 do not
2 apply to a matter relating solely to agency management or
3 personnel practices or to public property, loans, or
4 contracts.
5 (2) (b) The provisions of this Act do not apply to
6 (i) preliminary hearings, investigations, or practices
7 where no final determinations affecting State funding are
8 made by the State Board of Education, (ii) legal opinions
9 issued under Section 2-3.7 of the School Code, (iii) as
10 to State colleges and universities, their disciplinary
11 and grievance proceedings, academic irregularity and
12 capricious grading proceedings, and admission standards
13 and procedures, and (iv) the class specifications for
14 positions and individual position descriptions prepared
15 and maintained under the Personnel Code. Those class
16 specifications shall, however, be made reasonably
17 available to the public for inspection and copying. The
18 provisions of this Act do not apply to hearings under
19 Section 20 of the Uniform Disposition of Unclaimed
20 Property Act.
21 (3) (c) Section 5-35 of this Act relating to
22 procedures for rulemaking does not apply to the
23 following:
24 (i) (1) Rules adopted by the Pollution Control
25 Board that, in accordance with Section 7.2 of the
26 Environmental Protection Act, are identical in
27 substance to federal regulations or amendments to
28 those regulations implementing the following:
29 Sections 3001, 3002, 3003, 3004, 3005, and 9003 of
30 the Solid Waste Disposal Act; Section 105 of the
31 Comprehensive Environmental Response, Compensation,
32 and Liability Act of 1980; Sections 307(b), 307(c),
33 307(d), 402(b)(8), and 402(b)(9) of the Federal
34 Water Pollution Control Act; and Sections 1412(b),
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1 1414(c), 1417(a), 1421, and 1445(a) of the Safe
2 Drinking Water Act.
3 (ii) (2) Rules adopted by the Pollution
4 Control Board that establish or amend standards for
5 the emission of hydrocarbons and carbon monoxide
6 from gasoline powered motor vehicles subject to
7 inspection under Section 13A-105 of the Vehicle
8 Emissions Inspection Law and rules adopted under
9 Section 13B-20 of the Vehicle Emissions Inspection
10 Law of 1995.
11 (iii) (3) Procedural rules adopted by the
12 Pollution Control Board governing requests for
13 exceptions under Section 14.2 of the Environmental
14 Protection Act.
15 (iv) (4) The Pollution Control Board's grant,
16 pursuant to an adjudicatory determination, of an
17 adjusted standard for persons who can justify an
18 adjustment consistent with subsection (a) of Section
19 27 of the Environmental Protection Act.
20 (iv) (5) Rules adopted by the Pollution
21 Control Board that are identical in substance to the
22 regulations adopted by the Office of the State Fire
23 Marshal under clause (ii) of paragraph (b) of
24 subsection (3) of Section 2 of the Gasoline Storage
25 Act.
26 (4) (d) Pay rates established under Section 8a of
27 the Personnel Code shall be amended or repealed pursuant
28 to the process set forth in Section 5-50 within 30 days
29 after it becomes necessary to do so due to a conflict
30 between the rates and the terms of a collective
31 bargaining agreement covering the compensation of an
32 employee subject to that Code.
33 (5) Article 5 of this Act does not apply to the
34 Soil Master and County Cropped Acreage Manual published
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1 annually by the Department of Agriculture.
2 (6) Article 5 of this Act does not apply to any
3 written game rules, play instructions, directives,
4 operations manuals, brochures, or other game publications
5 issued by the Department of the Lottery that relate to a
6 specific lottery game, but those materials shall be
7 maintained as a public record in the Department of the
8 Lottery's principal office and made available for public
9 inspection and copying. A list of those materials shall
10 be published each January in the Illinois Register.
11 (7) Section 5-10 of this Act notwithstanding, the
12 Department of Revenue shall not be required to make
13 available for public inspection final orders, decisions,
14 and opinions that are not deemed confidential by State or
15 federal statute. The Department shall not be required
16 under Section 5-10 of this Act to make Department of
17 Revenue forms available for public inspection.
18 (8) Article 5 of this Act does not apply to the
19 College Savings Program established under the Higher
20 Education Student Assistance Act.
21 (9) Article 5 of this Act does not apply to the
22 determination of conditions and purses by the Department
23 of Agriculture for the Illinois Standardbred and
24 Thoroughbred programs under the Illinois Horse Racing Act
25 of 1975.
26 (10) Reductions in payment levels for recipients of
27 State Transitional Assistance or any other payment
28 reductions to implement Public Act 89-21 under subsection
29 (g) of Section 6-11 of the Public Aid Code may be
30 accomplished by emergency rulemaking under Section 5-45
31 of this Act without regard to the 24-month limitation on
32 such rulemaking.
33 (11) Article 5 of this Act does not apply to
34 written guidance, fact sheets, or other documents that
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1 explain, summarize, or describe programs operated by the
2 Environmental Protection Agency under the federal
3 Regulatory Reinvention (XL) Pilot Project.
4 (12) Article 5 of this Act does not apply to
5 adoption of criteria for selection of a low-level
6 radioactive waste disposal site by the Low-Level
7 Radioactive Waste Task Group or the imposition of
8 emergency fees by the Department of Nuclear Safety under
9 Sections 10.2 and 13 of the Illinois Low-Level
10 Radioactive Waste Management Act.
11 (13) Participation of producers in hearings,
12 referenda, and other procedures necessary in the
13 development and adoption of a corn marketing program
14 under the Illinois Corn Marketing Act shall not be
15 subject to Sections 5-35, 5-40, 5-100, 5-105, 5-110,
16 5-115, 5-120, 5-125, and 5-130 of this Act.
17 (14) Article 5 of this Act does not apply to
18 marketing programs under the Illinois Sheep and Wool
19 Production Development and Marketing Act or the Soybean
20 Marketing Act.
21 (15) Article 5 of this Act does not apply to the
22 designation of highways by the Department of
23 Transportation under Sections 15-102(e), 15-107, and
24 15-111 of the Illinois Vehicle Code.
25 (16) Rules adopted under Public Act 89-6 and
26 Section 60 of the Civil Administrative Code of Illinois
27 (Part 12.5) by the Department of Professional Regulation
28 concerning denial or nonrenewal of a license to a person
29 certified by the Department of Public Aid to be more than
30 30 days delinquent in complying with a child support
31 order may be accomplished by emergency rulemaking under
32 Section 5-45 of this Act. Rules adopted by the
33 Department of Revenue pursuant to Public Act 89-6 and
34 Section 39b52 of the Civil Administrative Code of
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1 Illinois (Part 2.5) concerning collection of past due
2 child support may be accomplished by emergency rulemaking
3 under Section 5-45 of this Act.
4 (17) Rules adopted pursuant to Public Act 90-17 and
5 specifically to implement the Temporary Assistance to
6 Needy Families Program under Section 12-13.05 of the
7 Public Aid Code may be accomplished by emergency
8 rulemaking under Section 5-45 of this Act.
9 (18) Rules adopted pursuant to Public Act 89-6 to
10 implement amendments to Section 4-8 of the Public Aid
11 Code concerning mismanagement of assistance grants may be
12 accomplished by emergency rulemaking under Section 5-45
13 of this Act.
14 (c) (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.
17 (Source: P.A. 90-9, eff. 7-1-97; 90-185, eff. 7-23-97;
18 revised 10-24-97.)
19 (5 ILCS 100/1-32 new)
20 Sec. 1-32. "Illinois Administrative Code" means the
21 compilation of all currently adopted State agency rules filed
22 with the Secretary of State and maintained on the Illinois
23 Administrative Code Database.
24 (5 ILCS 100/1-33 new)
25 Sec 1-33. "Illinois Administrative Code Database" means
26 the electronically stored database of State agency rules
27 maintained by the Legislative Information Service and the
28 Joint Committee on Administrative Rules, in cooperation with
29 the Secretary of State.
30 (Source: P.A. 87-823; 88-533.)
31 (5 ILCS 100/5-5) (from Ch. 127, par. 1005-5)
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1 Sec. 5-5. Applicability. All rules of agencies shall be
2 adopted in accordance with this Article, other statutes
3 notwithstanding, unless, beginning January 1, 1999,
4 specifically exempted in subsection (b) of Section 1-5 of
5 this Act.
6 (Source: P.A. 87-823.)
7 (5 ILCS 100/5-35) (from Ch. 127, par. 1005-35)
8 Sec. 5-35. Procedure for rulemaking.
9 (a) Before the adoption, amendment, or repeal of any
10 rule, each agency shall accomplish the actions required by
11 Section 5-15, 5-40, 5-45, or 5-50, whichever is applicable.
12 (b) No action by any agency to adopt, amend, or repeal a
13 rule after this Act has become applicable to the agency shall
14 be valid unless taken in compliance with this Section,
15 unless, beginning January 1, 1999, an applicable rulemaking
16 exemption is listed in subsection (b) of Section 1-5 of this
17 Act. A proceeding to contest any rule on the ground of
18 non-compliance with the procedural requirements of this
19 Section must be commenced within 2 years from the effective
20 date of the rule.
21 (c) (Blank). The rulemaking procedures of this Article 5
22 do not apply to a matter relating solely to agency management
23 or personnel practices or to public property, loans, or
24 contracts.
25 (Source: P.A. 87-823.)
26 (5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
27 Sec. 5-40. General rulemaking.
28 (a) In all rulemaking to which Sections 5-15, 5-45 and
29 5-50 do not apply, each agency shall comply with this
30 Section.
31 (b) Each agency shall give at least 45 days' notice of
32 its intended action to the general public. This first notice
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1 period shall commence on the first day the notice appears in
2 the Illinois Register. The first notice shall include all
3 the following:
4 (1) The text of the proposed rule, the old and new
5 materials of a proposed amendment, or the text of the
6 provision to be repealed.
7 (2) The specific statutory citation upon which the
8 proposed rule, the proposed amendment to a rule, or the
9 proposed repeal of a rule is based and by which it is
10 authorized.
11 (3) A complete description of the subjects and
12 issues involved.
13 (4) For all proposed rules and proposed amendments
14 to rules, an initial regulatory flexibility analysis
15 containing a description of the types of small
16 businesses, small municipalities, and not for profit
17 corporations subject to the rule; a brief description of
18 the proposed reporting, bookkeeping, and other procedures
19 required for compliance with the rule; and a description
20 of the types of professional skills necessary for
21 compliance.
22 (5) A summary of any litigation that directly
23 impacts upon a proposed rule or amendment or that
24 necessitates the rulemaking.
25 (6)(5) The time, place, and manner in which
26 interested persons may present their views and comments
27 concerning the proposed rulemaking.
28 During the first notice period, the agency shall accept
29 from any interested persons data, views, arguments, or
30 comments. These may, in the discretion of the agency, be
31 submitted either orally or in writing or both. The notice
32 published in the Illinois Register shall indicate the manner
33 selected by the agency for the submissions. The agency shall
34 consider all submissions received.
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1 The agency shall hold a public hearing on the proposed
2 rulemaking during the first notice period if (i) during the
3 first notice period, the agency finds that a public hearing
4 would facilitate the submission of views and comments that
5 might not otherwise be submitted or (ii) the agency receives
6 a request for a public hearing, within the first 14 days
7 after publication of the notice of proposed rulemaking in the
8 Illinois Register, from 25 interested persons, an association
9 representing at least 100 interested persons, the Governor,
10 the Joint Committee on Administrative Rules, or a unit of
11 local government that may be affected. At the public
12 hearing, the agency shall allow interested persons to present
13 views and comments on the proposed rulemaking. A public
14 hearing in response to a request for a hearing may not be
15 held less than 20 days after the publication of the notice of
16 proposed rulemaking in the Illinois Register unless notice of
17 the public hearing is included in the notice of proposed
18 rulemaking. A public hearing on proposed rulemaking may not
19 be held less than 5 days before submission of the notice
20 required under subsection (c) of this Section to the Joint
21 Committee on Administrative Rules. Each agency may prescribe
22 reasonable rules for the conduct of public hearings on
23 proposed rulemaking to prevent undue repetition at the
24 hearings. The hearings must be open to the public and
25 recorded by stenographic or mechanical means. At least one
26 agency representative shall be present during the hearing who
27 is qualified to respond to general questions from the public
28 regarding the agency's proposal and the rulemaking process.
29 (c) Each agency shall provide additional notice of the
30 proposed rulemaking to the Joint Committee on Administrative
31 Rules. The period commencing on the day a complete written
32 notice is received by the Joint Committee shall be known as
33 the second notice period and shall expire 45 days thereafter
34 unless before that time the agency and the Joint Committee
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1 have agreed to extend the second notice period beyond 45 days
2 for a period not to exceed an additional 45 days or unless
3 the agency has received a statement of objection from the
4 Joint Committee or notification from the Joint Committee that
5 no objection will be issued. The written notice to the Joint
6 Committee shall include (i) the text and location of any
7 changes made to the proposed rulemaking during the first
8 notice period in a form prescribed by the Joint Committee;
9 (ii) for all proposed rules and proposed amendments to rules,
10 a final regulatory flexibility analysis containing a summary
11 of issues raised by small businesses, small municipalities,
12 and not for profit corporations, during the first notice
13 period and a description of actions taken on any alternatives
14 to the proposed rule suggested by those entities small
15 businesses during the first notice period, including reasons
16 for rejecting any alternatives not utilized; and (iii) if a
17 written request has been made by the Joint Committee within
18 30 days after initial notice appears in the Illinois Register
19 under subsection (b) of this Section, an analysis of the
20 economic and budgetary effects of the proposed rulemaking;
21 and (iv) a copy of any form used by the agency to implement
22 the rulemaking. After commencement of the second notice
23 period, no substantive change may be made to a proposed
24 rulemaking unless it is made in response to an objection or
25 suggestion of the Joint Committee. The agency shall also
26 send a copy of the final regulatory flexibility analysis to
27 each small business that has presented views or comments on
28 the proposed rulemaking during the first notice period and to
29 any other interested person who requests a copy. The agency
30 may charge a reasonable fee for providing the copies to cover
31 postage and handling costs.
32 (d) After the expiration of the second notice period,
33 after notification from the Joint Committee that no objection
34 will be issued, or after a response by the agency to a
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1 statement of objections issued by the Joint Committee,
2 whichever is applicable, the agency shall file, under Section
3 5-65, a certified copy of each rule, modification, or repeal
4 of any rule adopted by it. The copy shall be published in
5 the Illinois Register. Each rule hereafter adopted under
6 this Section is effective upon filing unless a later
7 effective date is required by statute or is specified in the
8 rulemaking.
9 (e) No rule or modification or repeal of any rule may be
10 adopted, or filed with the Secretary of State, more than one
11 year after the date the first notice period for the
12 rulemaking under subsection (b) commenced. Any period during
13 which the rulemaking is prohibited from being filed under
14 Section 5-115 shall not be considered in calculating this
15 one-year time period.
16 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
17 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
18 Sec. 5-45. Emergency rulemaking.
19 (a) "Emergency" means the existence of any situation
20 that any agency finds reasonably constitutes a threat to the
21 public interest, safety, or welfare.
22 (b) If any agency finds that an emergency exists that
23 requires adoption of a rule upon fewer days than is required
24 by Section 5-40 and states in writing its reasons for that
25 finding, the agency may adopt an emergency rule without prior
26 notice or hearing upon filing a notice of emergency
27 rulemaking with the Secretary of State under Section 5-70.
28 The notice shall include the text of the emergency rule and
29 shall be published in the Illinois Register. Consent orders
30 or other court orders adopting settlements negotiated by an
31 agency may be adopted under this Section and shall be noted
32 on the notice page of the rulemaking. Subject to applicable
33 constitutional or statutory provisions, an emergency rule
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1 becomes effective immediately upon filing under Section 5-65
2 or at a stated date less than 20 10 days thereafter. The
3 agency's finding and a statement of the specific reasons for
4 the finding shall be filed with the rule. The agency shall
5 take reasonable and appropriate measures to make emergency
6 rules known to the persons who may be affected by them.
7 (c) An emergency rule may be effective for a period of
8 not longer than 150 days, but the agency's authority to adopt
9 an identical rule under Section 5-40 is not precluded. No
10 emergency rule may be adopted more than once in any 24 month
11 period, except that this limitation on the number of
12 emergency rules that may be adopted in a 24 month period does
13 not apply to (i) emergency rules that make additions to and
14 deletions from the Drug Manual under Section 5-5.16 of the
15 Illinois Public Aid Code or the generic drug formulary under
16 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
17 (ii) emergency rules adopted by the Pollution Control Board
18 before July 1, 1997 to implement portions of the Livestock
19 Management Facilities Act. Two or more emergency rules
20 having substantially the same purpose and effect shall be
21 deemed to be a single rule for purposes of this Section.
22 (d) In order to provide for the expeditious and timely
23 implementation of the State's fiscal year 1998 budget,
24 emergency rules to implement any provision of this amendatory
25 Act of 1997 or any other budget initiative for fiscal year
26 1998 may be adopted in accordance with this Section by the
27 agency charged with administering that provision or
28 initiative, except that the 24-month limitation on the
29 adoption of emergency rules and the provisions of Sections
30 5-115 and 5-125 do not apply to rules adopted under this
31 subsection (d). The adoption of emergency rules authorized
32 by this subsection (d) shall be deemed to be necessary for
33 the public interest, safety, and welfare.
34 (e) Beginning January 1, 1999, other statutes
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1 notwithstanding, there shall be no emergency rulemaking
2 exemptions to this Section that are not listed in subsection
3 (b) of Section 1-5 of this Act.
4 (Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97.)
5 (5 ILCS 100/5-50) (from Ch. 127, par. 1005-50)
6 Sec. 5-50. Peremptory rulemaking. "Peremptory
7 rulemaking" means any rulemaking that is required as a result
8 of federal law, federal rules and regulations, an order of a
9 court, or a collective bargaining agreement pursuant to
10 subsection (d) of Section 1-5, under conditions that preclude
11 compliance with the general rulemaking requirements imposed
12 by Section 5-40 and that preclude the exercise of discretion
13 by the agency as to the content of the rule it is required to
14 adopt. Peremptory rulemaking shall not be used to implement
15 consent orders or other court orders adopting settlements
16 negotiated by the agency. If any agency finds that
17 peremptory rulemaking is necessary and states in writing its
18 reasons for that finding, the agency may adopt peremptory
19 rulemaking upon filing a notice of rulemaking with the
20 Secretary of State under Section 5-70. The notice shall be
21 published in the Illinois Register. A rule adopted under the
22 peremptory rulemaking provisions of this Section becomes
23 effective immediately upon filing with the Secretary of State
24 and in the agency's principal office, or at a date required
25 or authorized by the relevant federal law, federal rules and
26 regulations, or court order, as stated in the notice of
27 rulemaking. Notice of rulemaking under this Section shall be
28 published in the Illinois Register, shall specifically refer
29 to the appropriate State or federal court order or federal
30 law, rules, and regulations, and shall be in a form as the
31 Secretary of State may reasonably prescribe by rule. The
32 agency shall file the notice of peremptory rulemaking within
33 30 days after a change in rules is required. Beginning
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1 January 1, 1999, other statutes notwithstanding, there shall
2 be no peremptory rulemaking exemptions to this Section that
3 are not listed in subsection (b) of Section 1-5 of this Act.
4 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
5 (5 ILCS 100/5-70) (from Ch. 127, par. 1005-70)
6 Sec. 5-70. Form and publication of notices.
7 (a) The Secretary of State may prescribe reasonable
8 rules concerning the form of documents to be filed with the
9 Secretary of State and may refuse to accept for filing
10 certified copies that do not comply with the rules. To
11 ensure uniformity throughout the Illinois Administrative Code
12 and between the materials adopted by State agencies and the
13 versions published for use by the public, rule text adopted
14 by filing with the Secretary of State shall be created from
15 the Illinois Administrative Code Database. In addition, the
16 Secretary of State shall publish and maintain the Illinois
17 Register and may prescribe reasonable rules setting forth the
18 manner in which agencies shall submit notices required by
19 this Act for publication in the Illinois Register. The
20 Illinois Register shall be published at least once each week
21 on the same day (unless that day is an official State
22 holiday, in which case the Illinois Register shall be
23 published on the next following business day) and sent to
24 subscribers who subscribe for the publication with the
25 Secretary of State. The Secretary of State may charge a
26 subscription price to subscribers that covers mailing and
27 publication costs.
28 (b) The Secretary of State shall accept for publication
29 in the Illinois Register all Pollution Control Board
30 documents, including but not limited to Board opinions, the
31 results of Board determinations concerning adjusted standards
32 proceedings, notices of petitions for individual adjusted
33 standards, results of Board determinations concerning the
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1 necessity for economic impact studies, restricted status
2 lists, hearing notices, and any other documents related to
3 the activities of the Pollution Control Board that the Board
4 deems appropriate for publication.
5 (Source: P.A. 87-823.)
6 (5 ILCS 100/5-100) (from Ch. 127, par. 1005-100)
7 Sec. 5-100. Powers of the Joint Committee. The Joint
8 Committee shall have the following powers under this Act:
9 (a) The function of the Joint Committee shall be the
10 promotion of adequate and proper rules by agencies and an
11 understanding on the part of the public respecting those
12 rules. This function shall be advisory only, except as
13 provided in Sections 5-115 and 5-125.
14 (b) The Joint Committee may undertake studies and
15 investigations concerning rulemaking and agency rules.
16 (c) The Joint Committee shall monitor and investigate
17 agencies' compliance with the provisions of this Act, make
18 periodic investigations of the rulemaking activities of all
19 agencies, and evaluate and report on all rules in terms of
20 their propriety, legal adequacy, relation to statutory
21 authorization, economic and budgetary effects, and public
22 policy.
23 (d) Hearings and investigations conducted by the Joint
24 Committee under this Act may be held at times and places
25 within the State as the Committee deems necessary.
26 (e) The Joint Committee may request from any agency an
27 analysis of the following:
28 (1) The effect of a new rule, amendment, or
29 repealer, including any direct economic effect on the
30 persons regulated by the rule; any anticipated effect on
31 the proposing agency's budget and the budgets of other
32 State agencies; and any anticipated effects on State
33 revenues.
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1 (2) The agency's evaluation of the submissions
2 presented to the agency under Section 5-40.
3 (3) A description of any modifications from the
4 initially published proposal made in the finally accepted
5 version of the intended rule, amendment, or repealer.
6 (4) The agency's justification and rationale for
7 the intended rule, amendment, or repealer.
8 (5) A summary of any litigation that directly
9 impacts upon an intended rule, amendment, or repealer or
10 that necessitated the rulemaking.
11 (f) Failure of the Joint Committee to object to any
12 proposed rule, amendment, or repealer or any existing rule
13 shall not be construed as implying direct or indirect
14 approval of the rule or proposed rule, amendment, or repealer
15 by the Joint Committee or the General Assembly.
16 (Source: P.A. 87-823.)
17 (5 ILCS 100/5-105) (from Ch. 127, par. 1005-105)
18 Sec. 5-105. Responsibilities of the Joint Committee.
19 The Joint Committee shall have the following responsibilities
20 under this Act:
21 (a) The Joint Committee shall conduct a systematic and
22 continuing study of the rules and rulemaking process of all
23 State agencies, including those agencies not covered in
24 Section 1-25, for the purpose of improving the rulemaking
25 process, reducing the number and bulk of rules, removing
26 redundancies and unnecessary repetitions, and correcting
27 grammatical, typographical, and similar errors not affecting
28 the construction or meaning of the rules. The Joint
29 Committee shall make recommendations to the appropriate
30 affected agency.
31 (b) The Joint Committee shall review the statutory
32 authority on which any administrative rule is based.
33 (c) The Joint Committee shall maintain a review program
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1 to study the impact of legislative changes, court rulings,
2 and administrative action on agency rules and rulemaking.
3 (d) The Joint Committee shall suggest rulemaking by an
4 agency whenever the Joint Committee, in the course of its
5 review of the agency's rules under this Act, determines that
6 the agency's rules are incomplete, inconsistent, or otherwise
7 deficient.
8 (e) The Joint Committee, during the course of its review
9 of proposed, emergency, and peremptory rulemakings, shall
10 evaluate forms used by the agency to implement the rule to
11 ensure that the forms are consistent with statutory authority
12 and the policy created by the rule and are not unduly
13 burdensome on the affected public.
14 (Source: P.A. 87-823.)
15 (5 ILCS 100/5-130) (from Ch. 127, par. 1005-130)
16 Sec. 5-130. Periodic review of existing rules.
17 (a) The Joint Committee may periodically shall evaluate
18 the existing rules of an each agency at least once every 5
19 years. The Joint Committee may adopt rules developing by
20 rule shall develop a schedule for this periodic evaluation
21 and implementing this Section. In developing this schedule,
22 the Joint Committee may shall group rules by specified areas
23 to assure the evaluation of similar rules at the same time.
24 The schedule shall include at least the following categories:
25 (1) Human resources.
26 (2) Law enforcement.
27 (3) Energy.
28 (4) Environment.
29 (5) Natural resources.
30 (6) Transportation.
31 (7) Public utilities.
32 (8) Consumer protection.
33 (9) Licensing laws.
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1 (10) Regulation of occupations.
2 (11) Labor laws.
3 (12) Business regulation.
4 (13) Financial institutions.
5 (14) Government purchasing.
6 (b) When evaluating rules under this Section, the Joint
7 Committee's review shall include an examination of the
8 following:
9 (1) Organizational, structural, and procedural
10 reforms that affect rules or rulemaking.
11 (2) Merger, modification, establishment, or
12 abolition of regulations.
13 (3) Eliminating or phasing out outdated,
14 overlapping, or conflicting regulatory jurisdictions or
15 requirements of general applicability.
16 (4) Economic and budgetary effects.
17 (5) Consistency with current Illinois
18 Administrative Code style.
19 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
20 Section 10. The Illinois Administrative Procedure Act
21 is amended by renumbering Section 1-85 as follows:
22 (5 ILCS 100/1-47, formerly 100/1-85)
23 Sec. 1-47 1-85. "Not for profit corporation" means a
24 corporation organized under the General Not For Profit
25 Corporation Act of 1986 that is not dominant in its field and
26 employs fewer than 50 full-time employees or has gross annual
27 sales of less than $4,000,000. For purposes of a specific
28 rule, an agency may define a not for profit corporation to
29 include employment of 50 or more persons if it finds that
30 such a definition is necessary to adapt the rule to the needs
31 and problems of not for profit corporations.
32 (Source: P.A. 87-823.)
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1 (5 ILCS 100/5-46.1 rep.)
2 Section 15. The Illinois Administrative Procedure Act is
3 amended by repealing Section 5-46.1.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 100/1-5 from Ch. 127, par. 1001-5
4 5 ILCS 100/1-32 new
5 5 ILCS 100/1-33 new
6 5 ILCS 100/5-5 from Ch. 127, par. 1005-5
7 5 ILCS 100/5-35 from Ch. 127, par. 1005-35
8 5 ILCS 100/5-40 from Ch. 127, par. 1005-40
9 5 ILCS 100/5-45 from Ch. 127, par. 1005-45
10 5 ILCS 100/5-50 from Ch. 127, par. 1005-50
11 5 ILCS 100/5-70 from Ch. 127, par. 1005-70
12 5 ILCS 100/5-100 from Ch. 127, par. 1005-100
13 5 ILCS 100/5-105 from Ch. 127, par. 1005-105
14 5 ILCS 100/5-130 from Ch. 127, par. 1005-130
15 5 ILCS 100/1-47 formerly 100/1-85
16 5 ILCS 100/5-46.1 rep.