Bill Amendment: IL HB0301 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: RULES PUBLIC HEARING NOTICE

Status: 2019-01-08 - Session Sine Die [HB0301 Detail]

Download: Illinois-2017-HB0301-House_Amendment_001.html

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Rep. David S. Olsen

Filed: 2/27/2017

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AMENDMENT TO HOUSE BILL 301
AMENDMENT NO. ______. Amend House Bill 301 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 5-40 as follows:
(5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
Sec. 5-40. General rulemaking.
(a) In all rulemaking to which Sections 5-45 and 5-50 do
not apply, each agency shall comply with this Section.
(b) Each agency shall give at least 45 days' notice of its
intended action to the general public. This first notice period
shall commence on the first day the notice appears in the
Illinois Register. The first notice shall include all the
following:
(1) The text of the proposed rule, the old and new
materials of a proposed amendment, or the text of the

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provision to be repealed.
(2) The specific statutory citation upon which the
proposed rule, the proposed amendment to a rule, or the
proposed repeal of a rule is based and by which it is
authorized.
(3) A complete description of the subjects and issues
involved.
(3.5) A descriptive title or other description of any
published study or research report used in developing the
rule, the identity of the person who performed such study,
and a description of where the public may obtain a copy of
any such study or research report. If the study was
performed by an agency or by a person or entity that
contracted with the agency for the performance of the
study, the agency shall also make copies of the underlying
data available to members of the public upon request if the
data are not protected from disclosure under the Freedom of
Information Act.
(4) For all proposed rules and proposed amendments to
rules, an initial regulatory flexibility analysis
containing a description of the types of small businesses
subject to the rule; a brief description of the proposed
reporting, bookkeeping, and other procedures required for
compliance with the rule; and a description of the types of
professional skills necessary for compliance.
(5) The time, place, and manner in which interested

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persons may present their views and comments concerning the
proposed rulemaking.
During the first notice period, the agency shall accept
from any interested persons data, views, arguments, or
comments. These may, in the discretion of the agency, be
submitted either orally or in writing or both. The notice
published in the Illinois Register shall indicate the manner
selected by the agency for the submissions. The agency shall
consider all submissions received.
The agency shall hold a public hearing on the proposed
rulemaking during the first notice period if (i) during the
first notice period, the agency finds that a public hearing
would facilitate the submission of views and comments that
might not otherwise be submitted or (ii) the agency receives a
request for a public hearing, within the first 14 days after
publication of the notice of proposed rulemaking in the
Illinois Register, from 25 interested persons, an association
representing at least 100 interested persons, the Governor, the
Joint Committee on Administrative Rules, or a unit of local
government that may be affected. If an agency finds that a
public hearing would facilitate the submission of views and
comments that might not otherwise be submitted, and decides to
hold a public hearing, the agency shall, in addition to the
required publication in the Illinois Register, post a link to
the information required under paragraphs (1) through (5) of
this subsection (b) on its Internet website. If an agency

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decides not to initiate a public hearing, it shall post the
requirements to request a public hearing under this subsection
(b) on its Internet website, as well as a link to the
information required under paragraphs (1) through (5) of this
subsection (b). At the public hearing, the agency shall allow
interested persons to present views and comments on the
proposed rulemaking. A public hearing in response to a request
for a hearing may not be held less than 20 days after the
publication of the notice of proposed rulemaking in the
Illinois Register unless notice of the public hearing is
included in the notice of proposed rulemaking. A public hearing
on proposed rulemaking may not be held less than 5 days before
submission of the notice required under subsection (c) of this
Section to the Joint Committee on Administrative Rules. Each
agency may prescribe reasonable rules for the conduct of public
hearings on proposed rulemaking to prevent undue repetition at
the hearings. The hearings must be open to the public and
recorded by stenographic or mechanical means. At least one
agency representative shall be present during the hearing who
is qualified to respond to general questions from the public
regarding the agency's proposal and the rulemaking process.
(c) Each agency shall provide additional notice of the
proposed rulemaking to the Joint Committee on Administrative
Rules. The period commencing on the day written notice is
received by the Joint Committee shall be known as the second
notice period and shall expire 45 days thereafter unless before

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that time the agency and the Joint Committee have agreed to
extend the second notice period beyond 45 days for a period not
to exceed an additional 45 days or unless the agency has
received a statement of objection from the Joint Committee or
notification from the Joint Committee that no objection will be
issued. The written notice to the Joint Committee shall include
(i) the text and location of any changes made to the proposed
rulemaking during the first notice period in a form prescribed
by the Joint Committee; (ii) for all proposed rules and
proposed amendments to rules, a final regulatory flexibility
analysis containing a summary of issues raised by small
businesses during the first notice period and a description of
actions taken on any alternatives to the proposed rule
suggested by small businesses during the first notice period,
including reasons for rejecting any alternatives not utilized;
and (iii) if a written request has been made by the Joint
Committee within 30 days after initial notice appears in the
Illinois Register under subsection (b) of this Section, an
analysis of the economic and budgetary effects of the proposed
rulemaking. After commencement of the second notice period, no
substantive change may be made to a proposed rulemaking unless
it is made in response to an objection or suggestion of the
Joint Committee. The agency shall also send a copy of the final
regulatory flexibility analysis to each small business that has
presented views or comments on the proposed rulemaking during
the first notice period and to any other interested person who

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requests a copy. The agency may charge a reasonable fee for
providing the copies to cover postage and handling costs.
(d) After the expiration of the second notice period, after
notification from the Joint Committee that no objection will be
issued, or after a response by the agency to a statement of
objections issued by the Joint Committee, whichever is
applicable, the agency shall file, under Section 5-65, a
certified copy of each rule, modification, or repeal of any
rule adopted by it. The copy shall be published in the Illinois
Register. Each rule hereafter adopted under this Section is
effective upon filing unless a later effective date is required
by statute or is specified in the rulemaking.
(e) No rule or modification or repeal of any rule may be
adopted, or filed with the Secretary of State, more than one
year after the date the first notice period for the rulemaking
under subsection (b) commenced. Any period during which the
rulemaking is prohibited from being filed under Section 5-115
shall not be considered in calculating this one-year time
period.
(Source: P.A. 92-330, eff. 1-1-02.)".