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92nd General Assembly

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Public Act 92-0405

SB1102 Enrolled                               LRB9207956TAcsA

    AN ACT concerning administrative procedure.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Illinois Administrative Procedure Act is
amended by adding Section 1-90 as follows:

    (5 ILCS 100/90 new)
    Section 90.   Rulemaking.
    (a)  "Rulemaking"  means   the   process   and   required
documentation  for  the  adoption  of Illinois Administrative
Code text.
    (b)  Required documentation.
         (1)  At the time of  original  proposal,  rulemaking
    documentation  must  consist  of  a  notice page and new,
    amendatory,  or  repealed  text.   New,   repealed,   and
    amendatory  text  must be depicted in the manner required
    by Secretary of State rule.  Amendatory rulemakings  must
    indicate  text deletion by striking through all text that
    is to be omitted  and  must  indicate  text  addition  by
    underlining all new text.
         (2)  At  the  time  of  adoption, documentation must
    also include pages indicating the text of the  new  rule,
    without  striking  and  underlining, for inclusion in the
    official Secretary of State  records,  the  certification
    required   under  Section  5-65(a),  and  any  additional
    documentation required by Secretary of State rule.
         (3)  For a required rulemaking adopted under Section
    5-15, an emergency rulemaking under Section  5-45,  or  a
    peremptory    rulemaking    under   Section   5-50,   the
    documentation requirements of paragraphs (b)(1)  and  (2)
    of this Section apply at the time of adoption.
    (c)  "Background   text"   means  existing  text  of  the
Illinois Administrative Code that is part of a rulemaking but
is not being amended by the rulemaking.  Background  text  in
rulemaking  documentation shall match the current text of the
Illinois Administrative Code.
    (d)  No material that  was  originally  proposed  in  one
rulemaking  may  be combined with another proposed rulemaking
that was initially published without that material.  However,
this  does  not  preclude  separate  rulemakings  from  being
combined   for   publication  at  the  time  of  adoption  as
authorized by Secretary of State rule.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 21, 2001.
    Approved August 16, 2001.

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