Bill Text: IL HB3222 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Illinois Administrative Procedure Act. Provides that the Joint Committee on Administrative Rules may (rather than shall) evaluate the rules of each agency at its discretion (currently, at least once every 5 years). Provides that when the Joint Committee determines that it will conduct a review of existing rules, it will publish in the Illinois Register and on its website an announcement of the commencement of that review and list the subject matter of the rules to be reviewed. Modifies the meanings of the term "rule" and "emergency" under the Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2017-05-29 - Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Executive Committee; 006-004-000 [HB3222 Detail]

Download: Illinois-2017-HB3222-Engrossed.html



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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5amended by changing Sections 1-70, 5-45, and 5-130 as follows:
6 (5 ILCS 100/1-70) (from Ch. 127, par. 1001-70)
7 Sec. 1-70. "Rule" means each agency statement of general
8applicability that implements, applies, interprets, or
9prescribes law or policy, but does not include (i) statements
10concerning only the internal management of an agency and not
11affecting private rights or procedures available to persons or
12entities outside the agency, (ii) informal advisory rulings
13issued under Section 5-150, (iii) intra-agency memoranda, (iv)
14the prescription of standardized forms, (v) documents prepared
15or filed or actions taken by the Legislative Reference Bureau
16under Section 5.04 of the Legislative Reference Bureau Act, or
17(v) (vi) guidance documents prepared by the Illinois
18Environmental Protection Agency under Section 39.5 or
19subsection (s) of Section 39 of the Environmental Protection
20Act.
21(Source: P.A. 97-95, eff. 7-12-11; 97-1081, eff. 8-24-12.)
22 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)

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1 (Text of Section before amendment by P.A. 99-906)
2 Sec. 5-45. Emergency rulemaking.
3 (a) "Emergency" means the existence of any situation that
4any agency finds reasonably constitutes a threat to the public
5interest, safety, or welfare. "Emergency" does not mean a
6situation arising from an avoidable administrative failure to
7properly enact a rule in accordance with statutory
8requirements.
9 (b) If any agency finds that an emergency exists that
10requires adoption of a rule upon fewer days than is required by
11Section 5-40 and states in writing its reasons for that
12finding, the agency may adopt an emergency rule without prior
13notice or hearing upon filing a notice of emergency rulemaking
14with the Secretary of State under Section 5-70. The notice
15shall include the text of the emergency rule and shall be
16published in the Illinois Register. Consent orders or other
17court orders adopting settlements negotiated by an agency may
18be adopted under this Section. Subject to applicable
19constitutional or statutory provisions, an emergency rule
20becomes effective immediately upon filing under Section 5-65 or
21at a stated date less than 10 days thereafter. The agency's
22finding and a statement of the specific reasons for the finding
23shall be filed with the rule. The agency shall take reasonable
24and appropriate measures to make emergency rules known to the
25persons who may be affected by them.
26 (c) An emergency rule may be effective for a period of not

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1longer than 150 days, but the agency's authority to adopt an
2identical rule under Section 5-40 is not precluded. No
3emergency rule may be adopted more than once in any 24-month 24
4month period, except that this limitation on the number of
5emergency rules that may be adopted in a 24-month 24 month
6period does not apply to (i) emergency rules that make
7additions to and deletions from the Drug Manual under Section
85-5.16 of the Illinois Public Aid Code or the generic drug
9formulary under Section 3.14 of the Illinois Food, Drug and
10Cosmetic Act, (ii) emergency rules adopted by the Pollution
11Control Board before July 1, 1997 to implement portions of the
12Livestock Management Facilities Act, (iii) emergency rules
13adopted by the Illinois Department of Public Health under
14subsections (a) through (i) of Section 2 of the Department of
15Public Health Act when necessary to protect the public's
16health, (iv) emergency rules adopted pursuant to subsection (n)
17of this Section, (v) emergency rules adopted pursuant to
18subsection (o) of this Section, or (vi) emergency rules adopted
19pursuant to subsection (c-5) of this Section. Two or more
20emergency rules having substantially the same purpose and
21effect shall be deemed to be a single rule for purposes of this
22Section.
23 (c-5) To facilitate the maintenance of the program of group
24health benefits provided to annuitants, survivors, and retired
25employees under the State Employees Group Insurance Act of
261971, rules to alter the contributions to be paid by the State,

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1annuitants, survivors, retired employees, or any combination
2of those entities, for that program of group health benefits,
3shall be adopted as emergency rules. The adoption of those
4rules shall be considered an emergency and necessary for the
5public interest, safety, and welfare.
6 (d) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 1999 budget,
8emergency rules to implement any provision of Public Act 90-587
9or 90-588 or any other budget initiative for fiscal year 1999
10may be adopted in accordance with this Section by the agency
11charged with administering that provision or initiative,
12except that the 24-month limitation on the adoption of
13emergency rules and the provisions of Sections 5-115 and 5-125
14do not apply to rules adopted under this subsection (d). The
15adoption of emergency rules authorized by this subsection (d)
16shall be deemed to be necessary for the public interest,
17safety, and welfare.
18 (e) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2000 budget,
20emergency rules to implement any provision of Public Act 91-24
21or any other budget initiative for fiscal year 2000 may be
22adopted in accordance with this Section by the agency charged
23with administering that provision or initiative, except that
24the 24-month limitation on the adoption of emergency rules and
25the provisions of Sections 5-115 and 5-125 do not apply to
26rules adopted under this subsection (e). The adoption of

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1emergency rules authorized by this subsection (e) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4 (f) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 2001 budget,
6emergency rules to implement any provision of Public Act 91-712
7or any other budget initiative for fiscal year 2001 may be
8adopted in accordance with this Section by the agency charged
9with administering that provision or initiative, except that
10the 24-month limitation on the adoption of emergency rules and
11the provisions of Sections 5-115 and 5-125 do not apply to
12rules adopted under this subsection (f). The adoption of
13emergency rules authorized by this subsection (f) shall be
14deemed to be necessary for the public interest, safety, and
15welfare.
16 (g) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2002 budget,
18emergency rules to implement any provision of Public Act 92-10
19or any other budget initiative for fiscal year 2002 may be
20adopted in accordance with this Section by the agency charged
21with administering that provision or initiative, except that
22the 24-month limitation on the adoption of emergency rules and
23the provisions of Sections 5-115 and 5-125 do not apply to
24rules adopted under this subsection (g). The adoption of
25emergency rules authorized by this subsection (g) shall be
26deemed to be necessary for the public interest, safety, and

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1welfare.
2 (h) In order to provide for the expeditious and timely
3implementation of the State's fiscal year 2003 budget,
4emergency rules to implement any provision of Public Act 92-597
5or any other budget initiative for fiscal year 2003 may be
6adopted in accordance with this Section by the agency charged
7with administering that provision or initiative, except that
8the 24-month limitation on the adoption of emergency rules and
9the provisions of Sections 5-115 and 5-125 do not apply to
10rules adopted under this subsection (h). The adoption of
11emergency rules authorized by this subsection (h) shall be
12deemed to be necessary for the public interest, safety, and
13welfare.
14 (i) In order to provide for the expeditious and timely
15implementation of the State's fiscal year 2004 budget,
16emergency rules to implement any provision of Public Act 93-20
17or any other budget initiative for fiscal year 2004 may be
18adopted in accordance with this Section by the agency charged
19with administering that provision or initiative, except that
20the 24-month limitation on the adoption of emergency rules and
21the provisions of Sections 5-115 and 5-125 do not apply to
22rules adopted under this subsection (i). The adoption of
23emergency rules authorized by this subsection (i) shall be
24deemed to be necessary for the public interest, safety, and
25welfare.
26 (j) In order to provide for the expeditious and timely

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1implementation of the provisions of the State's fiscal year
22005 budget as provided under the Fiscal Year 2005 Budget
3Implementation (Human Services) Act, emergency rules to
4implement any provision of the Fiscal Year 2005 Budget
5Implementation (Human Services) Act may be adopted in
6accordance with this Section by the agency charged with
7administering that provision, except that the 24-month
8limitation on the adoption of emergency rules and the
9provisions of Sections 5-115 and 5-125 do not apply to rules
10adopted under this subsection (j). The Department of Public Aid
11may also adopt rules under this subsection (j) necessary to
12administer the Illinois Public Aid Code and the Children's
13Health Insurance Program Act. The adoption of emergency rules
14authorized by this subsection (j) shall be deemed to be
15necessary for the public interest, safety, and welfare.
16 (k) In order to provide for the expeditious and timely
17implementation of the provisions of the State's fiscal year
182006 budget, emergency rules to implement any provision of
19Public Act 94-48 or any other budget initiative for fiscal year
202006 may be adopted in accordance with this Section by the
21agency charged with administering that provision or
22initiative, except that the 24-month limitation on the adoption
23of emergency rules and the provisions of Sections 5-115 and
245-125 do not apply to rules adopted under this subsection (k).
25The Department of Healthcare and Family Services may also adopt
26rules under this subsection (k) necessary to administer the

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1Illinois Public Aid Code, the Senior Citizens and Persons with
2Disabilities Property Tax Relief Act, the Senior Citizens and
3Disabled Persons Prescription Drug Discount Program Act (now
4the Illinois Prescription Drug Discount Program Act), and the
5Children's Health Insurance Program Act. The adoption of
6emergency rules authorized by this subsection (k) shall be
7deemed to be necessary for the public interest, safety, and
8welfare.
9 (l) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112007 budget, the Department of Healthcare and Family Services
12may adopt emergency rules during fiscal year 2007, including
13rules effective July 1, 2007, in accordance with this
14subsection to the extent necessary to administer the
15Department's responsibilities with respect to amendments to
16the State plans and Illinois waivers approved by the federal
17Centers for Medicare and Medicaid Services necessitated by the
18requirements of Title XIX and Title XXI of the federal Social
19Security Act. The adoption of emergency rules authorized by
20this subsection (l) shall be deemed to be necessary for the
21public interest, safety, and welfare.
22 (m) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242008 budget, the Department of Healthcare and Family Services
25may adopt emergency rules during fiscal year 2008, including
26rules effective July 1, 2008, in accordance with this

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1subsection to the extent necessary to administer the
2Department's responsibilities with respect to amendments to
3the State plans and Illinois waivers approved by the federal
4Centers for Medicare and Medicaid Services necessitated by the
5requirements of Title XIX and Title XXI of the federal Social
6Security Act. The adoption of emergency rules authorized by
7this subsection (m) shall be deemed to be necessary for the
8public interest, safety, and welfare.
9 (n) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112010 budget, emergency rules to implement any provision of
12Public Act 96-45 or any other budget initiative authorized by
13the 96th General Assembly for fiscal year 2010 may be adopted
14in accordance with this Section by the agency charged with
15administering that provision or initiative. The adoption of
16emergency rules authorized by this subsection (n) shall be
17deemed to be necessary for the public interest, safety, and
18welfare. The rulemaking authority granted in this subsection
19(n) shall apply only to rules promulgated during Fiscal Year
202010.
21 (o) In order to provide for the expeditious and timely
22implementation of the provisions of the State's fiscal year
232011 budget, emergency rules to implement any provision of
24Public Act 96-958 or any other budget initiative authorized by
25the 96th General Assembly for fiscal year 2011 may be adopted
26in accordance with this Section by the agency charged with

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1administering that provision or initiative. The adoption of
2emergency rules authorized by this subsection (o) is deemed to
3be necessary for the public interest, safety, and welfare. The
4rulemaking authority granted in this subsection (o) applies
5only to rules promulgated on or after July 1, 2010 (the
6effective date of Public Act 96-958) through June 30, 2011.
7 (p) In order to provide for the expeditious and timely
8implementation of the provisions of Public Act 97-689,
9emergency rules to implement any provision of Public Act 97-689
10may be adopted in accordance with this subsection (p) by the
11agency charged with administering that provision or
12initiative. The 150-day limitation of the effective period of
13emergency rules does not apply to rules adopted under this
14subsection (p), and the effective period may continue through
15June 30, 2013. The 24-month limitation on the adoption of
16emergency rules does not apply to rules adopted under this
17subsection (p). The adoption of emergency rules authorized by
18this subsection (p) is deemed to be necessary for the public
19interest, safety, and welfare.
20 (q) In order to provide for the expeditious and timely
21implementation of the provisions of Articles 7, 8, 9, 11, and
2212 of Public Act 98-104, emergency rules to implement any
23provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
24may be adopted in accordance with this subsection (q) by the
25agency charged with administering that provision or
26initiative. The 24-month limitation on the adoption of

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1emergency rules does not apply to rules adopted under this
2subsection (q). The adoption of emergency rules authorized by
3this subsection (q) is deemed to be necessary for the public
4interest, safety, and welfare.
5 (r) In order to provide for the expeditious and timely
6implementation of the provisions of Public Act 98-651,
7emergency rules to implement Public Act 98-651 may be adopted
8in accordance with this subsection (r) by the Department of
9Healthcare and Family Services. The 24-month limitation on the
10adoption of emergency rules does not apply to rules adopted
11under this subsection (r). The adoption of emergency rules
12authorized by this subsection (r) is deemed to be necessary for
13the public interest, safety, and welfare.
14 (s) In order to provide for the expeditious and timely
15implementation of the provisions of Sections 5-5b.1 and 5A-2 of
16the Illinois Public Aid Code, emergency rules to implement any
17provision of Section 5-5b.1 or Section 5A-2 of the Illinois
18Public Aid Code may be adopted in accordance with this
19subsection (s) by the Department of Healthcare and Family
20Services. The rulemaking authority granted in this subsection
21(s) shall apply only to those rules adopted prior to July 1,
222015. Notwithstanding any other provision of this Section, any
23emergency rule adopted under this subsection (s) shall only
24apply to payments made for State fiscal year 2015. The adoption
25of emergency rules authorized by this subsection (s) is deemed
26to be necessary for the public interest, safety, and welfare.

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1 (t) In order to provide for the expeditious and timely
2implementation of the provisions of Article II of Public Act
399-6, emergency rules to implement the changes made by Article
4II of Public Act 99-6 to the Emergency Telephone System Act may
5be adopted in accordance with this subsection (t) by the
6Department of State Police. The rulemaking authority granted in
7this subsection (t) shall apply only to those rules adopted
8prior to July 1, 2016. The 24-month limitation on the adoption
9of emergency rules does not apply to rules adopted under this
10subsection (t). The adoption of emergency rules authorized by
11this subsection (t) is deemed to be necessary for the public
12interest, safety, and welfare.
13 (u) In order to provide for the expeditious and timely
14implementation of the provisions of the Burn Victims Relief
15Act, emergency rules to implement any provision of the Act may
16be adopted in accordance with this subsection (u) by the
17Department of Insurance. The rulemaking authority granted in
18this subsection (u) shall apply only to those rules adopted
19prior to December 31, 2015. The adoption of emergency rules
20authorized by this subsection (u) is deemed to be necessary for
21the public interest, safety, and welfare.
22 (v) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 99-516 this
24amendatory Act of the 99th General Assembly, emergency rules to
25implement Public Act 99-516 this amendatory Act of the 99th
26General Assembly may be adopted in accordance with this

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1subsection (v) by the Department of Healthcare and Family
2Services. The 24-month limitation on the adoption of emergency
3rules does not apply to rules adopted under this subsection
4(v). The adoption of emergency rules authorized by this
5subsection (v) is deemed to be necessary for the public
6interest, safety, and welfare.
7 (w) (v) In order to provide for the expeditious and timely
8implementation of the provisions of Public Act 99-796 this
9amendatory Act of the 99th General Assembly, emergency rules to
10implement the changes made by Public Act 99-796 this amendatory
11Act of the 99th General Assembly may be adopted in accordance
12with this subsection (w) (v) by the Adjutant General. The
13adoption of emergency rules authorized by this subsection (w)
14(v) is deemed to be necessary for the public interest, safety,
15and welfare.
16(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
1798-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
1899-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
196-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised
209-21-16.)
21 (Text of Section after amendment by P.A. 99-906)
22 Sec. 5-45. Emergency rulemaking.
23 (a) "Emergency" means the existence of any situation that
24any agency finds reasonably constitutes a threat to the public
25interest, safety, or welfare. "Emergency" does not mean a

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1situation arising from an avoidable administrative failure to
2properly enact a rule in accordance with statutory
3requirements.
4 (b) If any agency finds that an emergency exists that
5requires adoption of a rule upon fewer days than is required by
6Section 5-40 and states in writing its reasons for that
7finding, the agency may adopt an emergency rule without prior
8notice or hearing upon filing a notice of emergency rulemaking
9with the Secretary of State under Section 5-70. The notice
10shall include the text of the emergency rule and shall be
11published in the Illinois Register. Consent orders or other
12court orders adopting settlements negotiated by an agency may
13be adopted under this Section. Subject to applicable
14constitutional or statutory provisions, an emergency rule
15becomes effective immediately upon filing under Section 5-65 or
16at a stated date less than 10 days thereafter. The agency's
17finding and a statement of the specific reasons for the finding
18shall be filed with the rule. The agency shall take reasonable
19and appropriate measures to make emergency rules known to the
20persons who may be affected by them.
21 (c) An emergency rule may be effective for a period of not
22longer than 150 days, but the agency's authority to adopt an
23identical rule under Section 5-40 is not precluded. No
24emergency rule may be adopted more than once in any 24-month
25period, except that this limitation on the number of emergency
26rules that may be adopted in a 24-month period does not apply

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1to (i) emergency rules that make additions to and deletions
2from the Drug Manual under Section 5-5.16 of the Illinois
3Public Aid Code or the generic drug formulary under Section
43.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
5emergency rules adopted by the Pollution Control Board before
6July 1, 1997 to implement portions of the Livestock Management
7Facilities Act, (iii) emergency rules adopted by the Illinois
8Department of Public Health under subsections (a) through (i)
9of Section 2 of the Department of Public Health Act when
10necessary to protect the public's health, (iv) emergency rules
11adopted pursuant to subsection (n) of this Section, (v)
12emergency rules adopted pursuant to subsection (o) of this
13Section, or (vi) emergency rules adopted pursuant to subsection
14(c-5) of this Section. Two or more emergency rules having
15substantially the same purpose and effect shall be deemed to be
16a single rule for purposes of this Section.
17 (c-5) To facilitate the maintenance of the program of group
18health benefits provided to annuitants, survivors, and retired
19employees under the State Employees Group Insurance Act of
201971, rules to alter the contributions to be paid by the State,
21annuitants, survivors, retired employees, or any combination
22of those entities, for that program of group health benefits,
23shall be adopted as emergency rules. The adoption of those
24rules shall be considered an emergency and necessary for the
25public interest, safety, and welfare.
26 (d) In order to provide for the expeditious and timely

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1implementation of the State's fiscal year 1999 budget,
2emergency rules to implement any provision of Public Act 90-587
3or 90-588 or any other budget initiative for fiscal year 1999
4may be adopted in accordance with this Section by the agency
5charged with administering that provision or initiative,
6except that the 24-month limitation on the adoption of
7emergency rules and the provisions of Sections 5-115 and 5-125
8do not apply to rules adopted under this subsection (d). The
9adoption of emergency rules authorized by this subsection (d)
10shall be deemed to be necessary for the public interest,
11safety, and welfare.
12 (e) In order to provide for the expeditious and timely
13implementation of the State's fiscal year 2000 budget,
14emergency rules to implement any provision of Public Act 91-24
15or any other budget initiative for fiscal year 2000 may be
16adopted in accordance with this Section by the agency charged
17with administering that provision or initiative, except that
18the 24-month limitation on the adoption of emergency rules and
19the provisions of Sections 5-115 and 5-125 do not apply to
20rules adopted under this subsection (e). The adoption of
21emergency rules authorized by this subsection (e) shall be
22deemed to be necessary for the public interest, safety, and
23welfare.
24 (f) In order to provide for the expeditious and timely
25implementation of the State's fiscal year 2001 budget,
26emergency rules to implement any provision of Public Act 91-712

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1or any other budget initiative for fiscal year 2001 may be
2adopted in accordance with this Section by the agency charged
3with administering that provision or initiative, except that
4the 24-month limitation on the adoption of emergency rules and
5the provisions of Sections 5-115 and 5-125 do not apply to
6rules adopted under this subsection (f). The adoption of
7emergency rules authorized by this subsection (f) shall be
8deemed to be necessary for the public interest, safety, and
9welfare.
10 (g) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 2002 budget,
12emergency rules to implement any provision of Public Act 92-10
13or any other budget initiative for fiscal year 2002 may be
14adopted in accordance with this Section by the agency charged
15with administering that provision or initiative, except that
16the 24-month limitation on the adoption of emergency rules and
17the provisions of Sections 5-115 and 5-125 do not apply to
18rules adopted under this subsection (g). The adoption of
19emergency rules authorized by this subsection (g) shall be
20deemed to be necessary for the public interest, safety, and
21welfare.
22 (h) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2003 budget,
24emergency rules to implement any provision of Public Act 92-597
25or any other budget initiative for fiscal year 2003 may be
26adopted in accordance with this Section by the agency charged

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1with administering that provision or initiative, except that
2the 24-month limitation on the adoption of emergency rules and
3the provisions of Sections 5-115 and 5-125 do not apply to
4rules adopted under this subsection (h). The adoption of
5emergency rules authorized by this subsection (h) shall be
6deemed to be necessary for the public interest, safety, and
7welfare.
8 (i) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2004 budget,
10emergency rules to implement any provision of Public Act 93-20
11or any other budget initiative for fiscal year 2004 may be
12adopted in accordance with this Section by the agency charged
13with administering that provision or initiative, except that
14the 24-month limitation on the adoption of emergency rules and
15the provisions of Sections 5-115 and 5-125 do not apply to
16rules adopted under this subsection (i). The adoption of
17emergency rules authorized by this subsection (i) shall be
18deemed to be necessary for the public interest, safety, and
19welfare.
20 (j) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222005 budget as provided under the Fiscal Year 2005 Budget
23Implementation (Human Services) Act, emergency rules to
24implement any provision of the Fiscal Year 2005 Budget
25Implementation (Human Services) Act may be adopted in
26accordance with this Section by the agency charged with

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1administering that provision, except that the 24-month
2limitation on the adoption of emergency rules and the
3provisions of Sections 5-115 and 5-125 do not apply to rules
4adopted under this subsection (j). The Department of Public Aid
5may also adopt rules under this subsection (j) necessary to
6administer the Illinois Public Aid Code and the Children's
7Health Insurance Program Act. The adoption of emergency rules
8authorized by this subsection (j) shall be deemed to be
9necessary for the public interest, safety, and welfare.
10 (k) In order to provide for the expeditious and timely
11implementation of the provisions of the State's fiscal year
122006 budget, emergency rules to implement any provision of
13Public Act 94-48 or any other budget initiative for fiscal year
142006 may be adopted in accordance with this Section by the
15agency charged with administering that provision or
16initiative, except that the 24-month limitation on the adoption
17of emergency rules and the provisions of Sections 5-115 and
185-125 do not apply to rules adopted under this subsection (k).
19The Department of Healthcare and Family Services may also adopt
20rules under this subsection (k) necessary to administer the
21Illinois Public Aid Code, the Senior Citizens and Persons with
22Disabilities Property Tax Relief Act, the Senior Citizens and
23Disabled Persons Prescription Drug Discount Program Act (now
24the Illinois Prescription Drug Discount Program Act), and the
25Children's Health Insurance Program Act. The adoption of
26emergency rules authorized by this subsection (k) shall be

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1deemed to be necessary for the public interest, safety, and
2welfare.
3 (l) In order to provide for the expeditious and timely
4implementation of the provisions of the State's fiscal year
52007 budget, the Department of Healthcare and Family Services
6may adopt emergency rules during fiscal year 2007, including
7rules effective July 1, 2007, in accordance with this
8subsection to the extent necessary to administer the
9Department's responsibilities with respect to amendments to
10the State plans and Illinois waivers approved by the federal
11Centers for Medicare and Medicaid Services necessitated by the
12requirements of Title XIX and Title XXI of the federal Social
13Security Act. The adoption of emergency rules authorized by
14this subsection (l) shall be deemed to be necessary for the
15public interest, safety, and welfare.
16 (m) In order to provide for the expeditious and timely
17implementation of the provisions of the State's fiscal year
182008 budget, the Department of Healthcare and Family Services
19may adopt emergency rules during fiscal year 2008, including
20rules effective July 1, 2008, in accordance with this
21subsection to the extent necessary to administer the
22Department's responsibilities with respect to amendments to
23the State plans and Illinois waivers approved by the federal
24Centers for Medicare and Medicaid Services necessitated by the
25requirements of Title XIX and Title XXI of the federal Social
26Security Act. The adoption of emergency rules authorized by

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1this subsection (m) shall be deemed to be necessary for the
2public interest, safety, and welfare.
3 (n) In order to provide for the expeditious and timely
4implementation of the provisions of the State's fiscal year
52010 budget, emergency rules to implement any provision of
6Public Act 96-45 or any other budget initiative authorized by
7the 96th General Assembly for fiscal year 2010 may be adopted
8in accordance with this Section by the agency charged with
9administering that provision or initiative. The adoption of
10emergency rules authorized by this subsection (n) shall be
11deemed to be necessary for the public interest, safety, and
12welfare. The rulemaking authority granted in this subsection
13(n) shall apply only to rules promulgated during Fiscal Year
142010.
15 (o) In order to provide for the expeditious and timely
16implementation of the provisions of the State's fiscal year
172011 budget, emergency rules to implement any provision of
18Public Act 96-958 or any other budget initiative authorized by
19the 96th General Assembly for fiscal year 2011 may be adopted
20in accordance with this Section by the agency charged with
21administering that provision or initiative. The adoption of
22emergency rules authorized by this subsection (o) is deemed to
23be necessary for the public interest, safety, and welfare. The
24rulemaking authority granted in this subsection (o) applies
25only to rules promulgated on or after July 1, 2010 (the
26effective date of Public Act 96-958) through June 30, 2011.

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1 (p) In order to provide for the expeditious and timely
2implementation of the provisions of Public Act 97-689,
3emergency rules to implement any provision of Public Act 97-689
4may be adopted in accordance with this subsection (p) by the
5agency charged with administering that provision or
6initiative. The 150-day limitation of the effective period of
7emergency rules does not apply to rules adopted under this
8subsection (p), and the effective period may continue through
9June 30, 2013. The 24-month limitation on the adoption of
10emergency rules does not apply to rules adopted under this
11subsection (p). The adoption of emergency rules authorized by
12this subsection (p) is deemed to be necessary for the public
13interest, safety, and welfare.
14 (q) In order to provide for the expeditious and timely
15implementation of the provisions of Articles 7, 8, 9, 11, and
1612 of Public Act 98-104, emergency rules to implement any
17provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
18may be adopted in accordance with this subsection (q) by the
19agency charged with administering that provision or
20initiative. The 24-month limitation on the adoption of
21emergency rules does not apply to rules adopted under this
22subsection (q). The adoption of emergency rules authorized by
23this subsection (q) is deemed to be necessary for the public
24interest, safety, and welfare.
25 (r) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 98-651,

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1emergency rules to implement Public Act 98-651 may be adopted
2in accordance with this subsection (r) by the Department of
3Healthcare and Family Services. The 24-month limitation on the
4adoption of emergency rules does not apply to rules adopted
5under this subsection (r). The adoption of emergency rules
6authorized by this subsection (r) is deemed to be necessary for
7the public interest, safety, and welfare.
8 (s) In order to provide for the expeditious and timely
9implementation of the provisions of Sections 5-5b.1 and 5A-2 of
10the Illinois Public Aid Code, emergency rules to implement any
11provision of Section 5-5b.1 or Section 5A-2 of the Illinois
12Public Aid Code may be adopted in accordance with this
13subsection (s) by the Department of Healthcare and Family
14Services. The rulemaking authority granted in this subsection
15(s) shall apply only to those rules adopted prior to July 1,
162015. Notwithstanding any other provision of this Section, any
17emergency rule adopted under this subsection (s) shall only
18apply to payments made for State fiscal year 2015. The adoption
19of emergency rules authorized by this subsection (s) is deemed
20to be necessary for the public interest, safety, and welfare.
21 (t) In order to provide for the expeditious and timely
22implementation of the provisions of Article II of Public Act
2399-6, emergency rules to implement the changes made by Article
24II of Public Act 99-6 to the Emergency Telephone System Act may
25be adopted in accordance with this subsection (t) by the
26Department of State Police. The rulemaking authority granted in

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1this subsection (t) shall apply only to those rules adopted
2prior to July 1, 2016. The 24-month limitation on the adoption
3of emergency rules does not apply to rules adopted under this
4subsection (t). The adoption of emergency rules authorized by
5this subsection (t) is deemed to be necessary for the public
6interest, safety, and welfare.
7 (u) In order to provide for the expeditious and timely
8implementation of the provisions of the Burn Victims Relief
9Act, emergency rules to implement any provision of the Act may
10be adopted in accordance with this subsection (u) by the
11Department of Insurance. The rulemaking authority granted in
12this subsection (u) shall apply only to those rules adopted
13prior to December 31, 2015. The adoption of emergency rules
14authorized by this subsection (u) is deemed to be necessary for
15the public interest, safety, and welfare.
16 (v) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 99-516,
18emergency rules to implement Public Act 99-516 may be adopted
19in accordance with this subsection (v) by the Department of
20Healthcare and Family Services. The 24-month limitation on the
21adoption of emergency rules does not apply to rules adopted
22under this subsection (v). The adoption of emergency rules
23authorized by this subsection (v) is deemed to be necessary for
24the public interest, safety, and welfare.
25 (w) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 99-796,

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1emergency rules to implement the changes made by Public Act
299-796 may be adopted in accordance with this subsection (w) by
3the Adjutant General. The adoption of emergency rules
4authorized by this subsection (w) is deemed to be necessary for
5the public interest, safety, and welfare.
6 (x) In order to provide for the expeditious and timely
7implementation of the provisions of Public Act 99-906 this
8amendatory Act of the 99th General Assembly, emergency rules to
9implement subsection (i) of Section 16-115D, subsection (g) of
10Section 16-128A, and subsection (a) of Section 16-128B of the
11Public Utilities Act may be adopted in accordance with this
12subsection (x) by the Illinois Commerce Commission. The
13rulemaking authority granted in this subsection (x) shall apply
14only to those rules adopted within 180 days after June 1, 2017
15(the effective date of Public Act 99-906) this amendatory Act
16of the 99th General Assembly. The adoption of emergency rules
17authorized by this subsection (x) is deemed to be necessary for
18the public interest, safety, and welfare.
19(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
2098-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
2199-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
226-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,
23eff. 6-1-17; revised 1-1-17.)
24 (5 ILCS 100/5-130) (from Ch. 127, par. 1005-130)
25 Sec. 5-130. Review Periodic review of existing rules.

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1 (a) The Joint Committee may shall evaluate the rules of
2each agency at the Joint Committee's discretion. When the Joint
3Committee determines that it will conduct a review of existing
4rules, it will publish in the Illinois Register and on its
5website an announcement of the commencement of that review,
6listing the subject matter of the rules to be reviewed. least
7once every 5 years. The Joint Committee by rule shall develop a
8schedule for this periodic evaluation. In developing this
9schedule the Joint Committee shall group rules by specified
10areas to assure the evaluation of similar rules at the same
11time. The schedule shall include at least the following
12categories:
13 (1) Human resources.
14 (2) Law enforcement.
15 (3) Energy.
16 (4) Environment.
17 (5) Natural resources.
18 (6) Transportation.
19 (7) Public utilities.
20 (8) Consumer protection.
21 (9) Licensing laws.
22 (10) Regulation of occupations.
23 (11) Labor laws.
24 (12) Business regulation.
25 (13) Financial institutions.
26 (14) Government purchasing.

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1 (b) When evaluating rules under this Section, the Joint
2Committee's review shall include an examination of the
3following:
4 (1) Organizational, structural, and procedural reforms
5 that affect rules or rulemaking.
6 (2) Merger, modification, establishment, or abolition
7 of regulations.
8 (3) Eliminating or phasing out outdated, overlapping,
9 or conflicting regulatory jurisdictions or requirements of
10 general applicability.
11 (4) Economic and budgetary effects.
12(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
13 Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.
20 Section 99. Effective date. This Act takes effect upon
21becoming law.
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