State of Illinois
92nd General Assembly

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 1                       HOUSE JOINT RESOLUTION

 2        WHEREAS,  On  January  1,  2000,  the  Illinois  Commerce
 3    Commission proposed rules titled "Requirements for Businesses
 4    with Private Business  Switch  Service  to  Comply  with  the
 5    Emergency  Telephone  System  Act" (83 Ill. Adm. Code 726; 24
 6    Ill. Reg. 1); and

 7        WHEREAS, The rules proposed by the Commission established
 8    enhanced 9-1-1 emergency telephone  system  requirements  for
 9    business    entities,   schools,   local   governments,   and
10    not-for-profit  organizations  unless  those   entities   are
11    exempted by the Emergency Telephone System Act; and

12        WHEREAS,   The  General  Assembly's  Joint  Committee  on
13    Administrative Rules (JCAR) voted to prohibit the  filing  of
14    those  rules for adoption on April 11, 2000 because the rules
15    applied to schools, governmental  units,  and  not-for-profit
16    organizations  and  created  an undue economic and regulatory
17    burden on business entities; and

18    WHEREAS, JCAR withdrew  the  prohibition  on  June  13,  2000
19    because  the  Commission  modified  the  rules to meet JCAR's
20    objections; and

21        WHEREAS, The Commission adopted emergency rules effective
22    June 13, 2000 titled "Requirements for Non-Business  Entities
23    with  Private  Business  Switch  Service  to  Comply with the
24    Emergency Telephone System Act" (83 Ill. Adm.  Code  727;  24
25    Ill. Reg. 8635) that JCAR noted contained the same provisions
26    applicable to schools, governmental units, and not-for-profit
27    corporations  that  were withdrawn by the Commission from its
28    prior, broader rulemaking; JCAR objected to and suspended the
29    emergency rules for 180 days on June 13, 2000; and

30        WHEREAS, On June 23, 2000, the Commission proposed  rules
31    titled  "Requirements  for Non-Business Entities with Private
                            -2-                LRB9208664MWpk
 1    Business  Switch  Service  to  Comply  with   the   Emergency
 2    Telephone  System  Act"  (83 Ill. Adm. Code 727; 24 Ill. Reg.
 3    8454) that were identical to the suspended  emergency  rules;
 4    and

 5        WHEREAS, JCAR, during its review of the proposed Part 727
 6    rulemaking,   as  directed  by  the  Illinois  Administrative
 7    Procedure Act, determined that the rulemaking was contrary to
 8    statute and also constituted a serious threat to  the  public
 9    interest and welfare; and

10        WHEREAS,  JCAR  based  its  determination  that  the rule
11    proposed by the Commission was contrary to legislative intent
12    on the  fact  that  the  Commission  exceeded  its  statutory
13    authority  under  Section  15.6  of  the  Emergency Telephone
14    System Act  by  extending  the  application  of  the  Act  to
15    schools,  local governments, and not-for-profit organizations
16    through the emergency telephone system regulations  contained
17    in the rules; and

18        WHEREAS,  As  required  by  the  Illinois  Administrative
19    Procedure  Act,  strict  adherence  to  legislative intent as
20    expressed through statute and a concern  for  the  well-being
21    and  welfare of Illinois citizens, including school children,
22    are all elements of the JCAR review process; and

23        WHEREAS, Based on the determination, JCAR prohibited  the
24    filing  of  the above-cited Part 727 rulemaking for adoption;
25    and

26        WHEREAS,  Because   Section   5-115   of   the   Illinois
27    Administrative Procedure Act states that a filing prohibition
28    of  an  agency's  rulemaking  is effective for a period of at
29    least 180 days, the  prohibition  issued  by  JCAR  commenced
30    January  9, 2001 and will terminate on July 7, 2001 unless it
31    is continued by the adoption of this Joint Resolution by both
32    houses of the General Assembly as provided by subsection  (c)
                            -3-                LRB9208664MWpk
 1    of  Section  5-115  of  the Illinois Administrative Procedure
 2    Act; therefore, be it

 5    SENATE CONCURRING HEREIN, that the General Assembly continues
 6    the filing prohibition on the Illinois Commerce  Commission's
 7    proposed  rulemaking  titled  "Requirements  for Non-Business
 8    Entities with Private Business Switch Service to Comply  with
 9    the  Emergency  Telephone System Act" (83 Ill. Adm. Code 727;
10    24  Ill.  Reg.  8454)  issued  by  the  Joint  Committee   on
11    Administrative Rules on January 9, 2001; and be it further

12        RESOLVED,  That  suitable  copies  of  this resolution be
13    delivered to the Executive Director of the Joint Committee on
14    Administrative Rules and the Chairman and Executive  Director
15    of the Illinois Commerce Commission.

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