Bill Amendment: IL HB5130 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: JCAR-EXTENSION-NOTICE PERIOD

Status: 2026-07-10 - Public Act . . . . . . . . . 104-0560 [HB5130 Detail]

Download: Illinois-2025-HB5130-Senate_Amendment_001.html

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Sen. Bill Cunningham

Filed: 5/20/2026

 

 

 

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AMENDMENT TO HOUSE BILL 5130
AMENDMENT NO. ______. Amend House Bill 5130 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provision to be repealed.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
data, views, arguments, or comments from any interested
persons. The agency shall accept submissions in writing,
including submissions by email or by other publicly accessible
electronic means through its website. In the discretion of the
agency, submissions may be submitted orally. The notice
published in the Illinois Register shall indicate the manner
selected by the agency for the submissions, including the
email address or website address where submissions will be
accepted. 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. 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

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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 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

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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 requests a copy.
The agency may charge a reasonable fee for providing the
copies to cover postage and handling costs.
(c-5) Notwithstanding the limitation in subsection (c),
during the 45-day extension period, an agency and the Joint
Committee may agree to a second extension of the second notice
period for an additional period not to exceed 45 days.

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(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. Additionally, a second extension period granted
pursuant to subsection (c-5) shall not be considered in
calculating this one-year time period.
(Source: P.A. 103-390, eff. 7-28-23.)
Section 99. Effective date. This Act takes effect upon
becoming law.".