Bill Text: IL HB5334 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Illinois Administrative Procedure Act. Removes a provision allowing an applicability exemption from specified provisions of the Act concerning hearings, proceedings, or investigations conducted by the State Council for Interstate Compacts for the State of Illinois as created under the Unified Code of Corrections. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5334 Detail]

Download: Illinois-2019-HB5334-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5334 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
5 ILCS 100/1-5 from Ch. 127, par. 1001-5
Amends the Illinois Administrative Procedure Act. Removes a provision allowing an applicability exemption from specified provisions of the Act concerning hearings, proceedings, or investigations conducted by the State Council for Interstate Compacts for the State of Illinois as created under the Unified Code of Corrections. Effective immediately.
LRB101 18476 RJF 67925 b
A BILL FOR
HB5334 LRB101 18476 RJF 67925 b
AN ACT concerning government.
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 changing Section 1-5 as follows:
(5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
Sec. 1-5. Applicability.
(a) This Act applies to every agency as defined in this
Act. Beginning January 1, 1978, in case of conflict between the
provisions of this Act and the Act creating or conferring power
on an agency, this Act shall control. If, however, an agency
(or its predecessor in the case of an agency that has been
consolidated or reorganized) has existing procedures on July 1,
1977, specifically for contested cases or licensing, those
existing provisions control, except that this exception
respecting contested cases and licensing does not apply if the
Act creating or conferring power on the agency adopts by
express reference the provisions of this Act. Where the Act
creating or conferring power on an agency establishes
administrative procedures not covered by this Act, those
procedures shall remain in effect.
(b) The provisions of this Act do not apply to (i)
preliminary hearings, investigations, or practices where no

HB5334 - 2 - LRB101 18476 RJF 67925 b
final determinations affecting State funding are made by the
State Board of Education, (ii) legal opinions issued under
Section 2-3.7 of the School Code, (iii) as to State colleges
and universities, their disciplinary and grievance
proceedings, academic irregularity and capricious grading
proceedings, and admission standards and procedures, and (iv)
the class specifications for positions and individual position
descriptions prepared and maintained under the Personnel Code.
Those class specifications shall, however, be made reasonably
available to the public for inspection and copying.
(c) Section 5-35 of this Act relating to procedures for
rulemaking does not apply to the following:
(1) Rules adopted by the Pollution Control Board that,
in accordance with Section 7.2 of the Environmental
Protection Act, are identical in substance to federal
regulations or amendments to those regulations
implementing the following: Sections 3001, 3002, 3003,
3004, 3005, and 9003 of the Solid Waste Disposal Act;
Section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980; Sections 307(b),
307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
Water Pollution Control Act; Sections 1412(b), 1414(c),
1417(a), 1421, and 1445(a) of the Safe Drinking Water Act;
and Section 109 of the Clean Air Act.
(2) Rules adopted by the Pollution Control Board that
establish or amend standards for the emission of

HB5334 - 3 - LRB101 18476 RJF 67925 b
hydrocarbons and carbon monoxide from gasoline powered
motor vehicles subject to inspection under the Vehicle
Emissions Inspection Law of 2005 or its predecessor laws.
(3) Procedural rules adopted by the Pollution Control
Board governing requests for exceptions under Section 14.2
of the Environmental Protection Act.
(4) The Pollution Control Board's grant, pursuant to an
adjudicatory determination, of an adjusted standard for
persons who can justify an adjustment consistent with
subsection (a) of Section 27 of the Environmental
Protection Act.
(4.5) The Pollution Control Board's adoption of
time-limited water quality standards under Section 38.5 of
the Environmental Protection Act.
(5) Rules adopted by the Pollution Control Board that
are identical in substance to the regulations adopted by
the Office of the State Fire Marshal under clause (ii) of
paragraph (b) of subsection (3) of Section 2 of the
Gasoline Storage Act.
(d) Pay rates established under Section 8a of the Personnel
Code shall be amended or repealed pursuant to the process set
forth in Section 5-50 within 30 days after it becomes necessary
to do so due to a conflict between the rates and the terms of a
collective bargaining agreement covering the compensation of
an employee subject to that Code.
(e) Section 10-45 of this Act shall not apply to any

HB5334 - 4 - LRB101 18476 RJF 67925 b
hearing, proceeding, or investigation conducted under Section
13-515 of the Public Utilities Act.
(f) Article 10 of this Act does not apply to any hearing,
proceeding, or investigation conducted by the State Council for
the State of Illinois created under Section 3-3-11.05 of the
Unified Code of Corrections or by the Interstate Commission for
Adult Offender Supervision created under the Interstate
Compact for Adult Offender Supervision or by the Interstate
Commission for Juveniles created under the Interstate Compact
for Juveniles.
(g) This Act is subject to the provisions of Article XXI of
the Public Utilities Act. To the extent that any provision of
this Act conflicts with the provisions of that Article XXI, the
provisions of that Article XXI control.
(Source: P.A. 99-937, eff. 2-24-17; 100-22, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.