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Public Act 093-1074 |
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AN ACT in relation to the legislature.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Administrative Procedure Act is | ||||
amended by changing and reenacting Sections 5-115, 5-120, and | ||||
5-125 and validating all actions taken thereunder as follows:
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(5 ILCS 100/5-115) (from Ch. 127, par. 1005-115)
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Sec. 5-115. Other action by the Joint Committee.
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(a) If the Joint Committee determines that the adoption and | ||||
effectiveness
of a proposed rule, amendment, or repealer or | ||||
portion of a proposed rule,
amendment, or repealer by an agency | ||||
would be objectionable under any of the
standards for the Joint | ||||
Committee's review specified in Section 5-100,
5-105, 5-110, | ||||
5-120, or 5-130 and would constitute a serious threat
to the | ||||
public interest, safety, or welfare, the Joint Committee may
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issue a statement to that effect at any time before the | ||||
proposed rule,
amendment, or repealer takes effect. The | ||||
statement may be issued by the
Joint Committee only upon the | ||||
affirmative vote of three-fifths of the
members appointed to | ||||
the Joint Committee. The Joint Committee, however, may withdraw | ||||
a statement within 180 days after it is issued upon the | ||||
affirmative vote of a majority of the members appointed to the | ||||
Joint Committee. A certified copy of each
statement and | ||||
withdrawal shall be transmitted to the proposing agency and to | ||||
the Secretary
of State for publication in the next available | ||||
issue of the Illinois Register.
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(b) The proposed rule, amendment, or repealer or the | ||||
portion of the proposed
rule, amendment, or repealer to which | ||||
the Joint Committee has issued a
statement under subsection (a) | ||||
shall not be accepted for filing by the
Secretary of State and | ||||
shall not
nor take effect unless the statement is withdrawn or | ||||
a joint resolution is passed as provided in subsection (c). The |
agency may not enforce or
invoke for any reason a proposed | ||
rule, amendment, or repealer or any
portion thereof that is | ||
prohibited from being filed by this subsection.
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(c) After the issuance
of a statement under subsection (a), | ||
any member of the General Assembly may introduce in
the General
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Assembly a joint resolution stating that the General Assembly | ||
desires to discontinue the prohibition against the proposed | ||
rule, amendment, or repealer
or the portion thereof to which | ||
the statement was issued being filed and
taking effect. If the | ||
joint
resolution is not passed by both houses of the General | ||
Assembly within 180
days after receipt of the statement by the | ||
Secretary of State or the statement is not withdrawn as | ||
provided in subsection (a), the agency shall be prohibited from
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filing the proposed rule, amendment, or repealer or the portion | ||
thereof and
the proposed rule, amendment, or repealer or the | ||
portion thereof
shall not take effect. The Secretary of State | ||
shall not accept for filing
the proposed rule, amendment, or | ||
repealer or the portion thereof with respect to which the Joint | ||
Committee has issued a statement under subsection (a) unless | ||
that statement is withdrawn or a joint resolution is passed as | ||
provided in this subsection. If the 180-day period expires | ||
before
passage of the joint resolution, the agency may not file | ||
the proposed rule,
amendment, or repealer or the portion | ||
thereof as adopted and it shall not
take effect.
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(d) If a statement is issued under this Section, then, in | ||
response to an objection or suggestion of the Joint Committee, | ||
the agency may propose changes to the proposed rule, amendment, | ||
or repealer or portion of a proposed rule, amendment, or | ||
repealer. If the agency proposes changes, it must provide | ||
additional notice to the Joint Committee under the same terms | ||
and conditions and shall be subject to the same requirements | ||
and limitations as those set forth for a second notice period | ||
under subsection (c) of Section 5-40.
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(Source: P.A. 93-1035, eff. 9-10-04.)
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(5 ILCS 100/5-120) (from Ch. 127, par. 1005-120)
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Sec. 5-120. Responsibilities of the Joint Committee with | ||
respect to
emergency, peremptory, and other existing rules.
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(a) The Joint Committee may examine any rule to determine | ||
whether the rule
is within the statutory authority upon which | ||
it is based and whether the rule
is in proper form.
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(b) If the Joint Committee objects to a rule, it shall, | ||
within 5 days
of the objection, certify the fact to the | ||
adopting agency and include within
the certification a | ||
statement of its specific objections.
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(c) Within 90 days after receiving the certification, the | ||
agency shall
do one of the following:
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(1) Notify the Joint Committee that it has elected to | ||
amend the rule to
meet the Joint Committee's objection.
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(2) Notify the Joint Committee that it has elected to | ||
repeal the rule.
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(3) Notify the Joint Committee that it refuses to amend | ||
or repeal
the rule.
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(d) If the agency elects to amend a rule to meet the Joint | ||
Committee's
objections, it shall notify the Joint Committee in | ||
writing and shall initiate
rulemaking procedures for that | ||
purpose by giving notice as required by
Section 5-35. The Joint | ||
Committee shall give priority to rules
so amended when setting | ||
its agenda.
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(e) If the agency elects to repeal a rule as a result of | ||
the Joint
Committee's objections, it shall notify the Joint | ||
Committee in writing of
its election and shall initiate | ||
rulemaking procedures for that purpose by
giving notice as | ||
required by Section 5-35.
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(f) If the agency elects to amend or repeal a rule as a | ||
result of the
Joint Committee's objections, it shall complete | ||
the process within 180 days
after giving notice in the Illinois | ||
Register.
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(g) Failure of the agency to respond to the Joint | ||
Committee's objections
to a rule within the time prescribed in | ||
subsection (c) shall constitute
a refusal to amend or repeal | ||
the rule.
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(h) If an agency refuses to amend or repeal a rule to | ||
remedy an
objection stated by the Joint Committee, it shall | ||
notify the Joint Committee
in writing of its refusal and shall | ||
submit a notice of refusal to the Secretary
of State. The | ||
notice shall be published in the next available issue of the
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Illinois Register. If the Joint Committee, in response to an | ||
agency
refusal, decides to suspend a
the rule adopted under | ||
Section 5-45 or 5-50 , then it may do so pursuant to Section | ||
5-125. Any member of the General Assembly may introduce | ||
legislation in the General Assembly to implement the | ||
recommendations of the Joint Committee concerning emergency, | ||
peremptory, and other existing rules.
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(Source: P.A. 93-1035, eff. 9-10-04.)
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(5 ILCS 100/5-125) (from Ch. 127, par. 1005-125)
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Sec. 5-125. Other Joint Committee action with respect to | ||
emergency or
peremptory rulemaking.
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(a) If the Joint Committee determines that a rule or | ||
portion of a rule
adopted under Section 5-45 or 5-50 is | ||
objectionable under any of the standards
for the Joint | ||
Committee's review specified in Section 5-100, 5-105, 5-110,
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5-120, or 5-130 and constitutes a serious threat to the public | ||
interest,
safety, or welfare, the Joint Committee may issue a | ||
statement to that effect.
The statement may be issued by the | ||
Joint Committee only upon the affirmative
vote of three-fifths | ||
of the members appointed to the Joint Committee. The Joint | ||
Committee, however, may withdraw a statement within 180 days | ||
after it is issued upon the affirmative vote of a majority of | ||
the members appointed to the Joint Committee. A
certified copy | ||
of each statement and withdrawal shall be transmitted to the | ||
affected agency and
to the Secretary of State for publication | ||
in the next available issue of the
Illinois Register. Within 30 | ||
days of transmittal of the statement to the
agency, the agency | ||
shall notify the Joint Committee in writing whether it has
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elected to repeal or amend the rule. Failure of the agency to | ||
notify the Joint
Committee and Secretary of State within 30 |
days constitutes a decision by the
agency to not repeal the | ||
rule.
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(b) The effectiveness of the rule or the portion of a rule | ||
shall be
suspended immediately upon receipt of the certified
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statement by the Secretary of State. The Secretary of State | ||
shall indicate
the suspension prominently and clearly on the | ||
face of the affected rule or
the portion of a rule filed in the | ||
Office of the Secretary of State. Rules
or portions of rules | ||
suspended under this subsection shall not become effective
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again unless the statement is withdrawn as provided in | ||
subsection (a) or unless within 180 days from receipt of the | ||
statement by the
Secretary of State, the General Assembly | ||
discontinues the suspension
by joint resolution under | ||
subsection (c). The agency may not enforce, or invoke for any
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reason, a rule or portion of a rule that has been suspended | ||
under this
subsection.
During the 180-day period, the agency | ||
may not file, and
nor may
the Secretary of State may not accept | ||
for filing, any rule that (i) has the
same purpose and effect | ||
as rules or portions of rules suspended under this
subsection | ||
or (ii) does not substantially address the statement issued | ||
under subsection (a), except as otherwise provided in this | ||
Section.
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(c) After the issuance of
a statement under subsection (a), | ||
any member of the General Assembly may introduce in the General | ||
Assembly a joint resolution stating that the General Assembly
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desires to discontinue the suspension of effectiveness of a | ||
rule or the portion
of the rule to which the statement was | ||
issued. If the joint resolution is not passed by both houses of | ||
the
General Assembly within the 180-day period provided in | ||
subsection (b) or the statement is not withdrawn, the
rule or | ||
the portion of the rule shall be considered repealed and the
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Secretary of State shall immediately remove the rule or portion | ||
of a rule
from the collection of effective rules.
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(d) If a statement is issued under this Section, then, in | ||
response to an objection or suggestion of the Joint Committee, | ||
the agency may propose changes to the rule, amendment, or |
repealer or portion of a rule, amendment, or repealer. If the | ||
agency proposes changes, it must provide additional notice to | ||
the Joint Committee under the same terms and conditions and | ||
shall be subject to the same requirements and limitations as | ||
those set forth for a second notice period under subsection (c) | ||
of Section 5-40.
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(Source: P.A. 93-1035, eff. 9-10-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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