Bill Text: IL SB1701 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Home Rule Administrative Procedure Act. Provides that home rule municipalities and home rule counties shall adopt all rules through the procedures required by the Act. Provides for procedures for general rulemaking, implementing discretionary powers, incorporation by reference, emergency rulemaking, and peremptory rulemaking. Provides for the creation of a Designated Review Committee composed of 5 members of the governing board of the home rule unit. Provides for agenda, notice, public hearing, and publication requirements. Limits home rule powers. Defines terms. Amends the Counties Code and Illinois Municipal Code making conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective January 1, 2018.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1701 Detail]

Download: Illinois-2017-SB1701-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1701 Introduced 2/9/2017, by Sen. Karen McConnaughay SYNOPSIS AS INTRODUCED:
New Act
55 ILCS 5/5-1069 from Ch. 34, par. 5-1069
55 ILCS 5/5-1069.3
65 ILCS 5/10-4-2 from Ch. 24, par. 10-4-2
65 ILCS 5/10-4-2.3
30 ILCS 805/8.41 new
Creates the Home Rule Administrative Procedure Act. Provides that home rule municipalities and home rule counties shall adopt all rules through the procedures required by the Act. Provides for procedures for general rulemaking, implementing discretionary powers, incorporation by reference, emergency rulemaking, and peremptory rulemaking. Provides for the creation of a Designated Review Committee composed of 5 members of the governing board of the home rule unit. Provides for agenda, notice, public hearing, and publication requirements. Limits home rule powers. Defines terms. Amends the Counties Code and Illinois Municipal Code making conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective January 1, 2018.
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FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Home
Rule Administrative Procedure Act.
Section 5. Applicability. This Act applies to all home rule
units. Beginning January 1, 2018, if this Act conflicts with
any other provision of law, this Act controls.
Section 10. Definitions. As used in this Act:
"Designated Review Committee" or "Committee" means a
committee established under Section 85 of this Act.
"Home rule unit" means a home rule county or home rule
municipality as defined in Section 6 of Article VII of the
Illinois Constitution.
"Governing body" means the county board or the board of
county commissioners of a home rule county, or the council,
city council, board of trustees, or other corporate authority
of a home rule municipality which exercises the general
governmental powers of a home rule county or home rule
municipality.
"Not for profit corporation" means a corporation organized
under the General Not For Profit Corporation Act of 1986 that

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is not dominant in its field and employs fewer than 50
full-time employees or has gross annual sales of less than
$4,000,000. For purposes of a specific rule, a home rule unit
may define a not for profit corporation to include employment
of 50 or more persons if it finds that such a definition is
necessary to adapt the rule to the needs and problems of not
for profit corporations.
"Person" means any individual, partnership, corporation,
association, governmental subdivision, or public or private
organization of any character other than a home rule unit.
"Rule" means a home rule unit's statement of general
applicability that implements, applies, interprets, or
prescribes any ordinance, law, or policy, but does not include:
(i) statements concerning only the internal management of a
home rule unit and not affecting private rights or procedures
available to persons or entities subject to the regulation of
the home rule unit; (ii) intra-home rule unit memoranda; or
(iii) the prescription of standardized forms.
"Rulemaking" means the process and required documentation
for the adoption of rules by the home rule unit under this Act.
"Small business" means a business that is independently
owned and operated, not dominant in its field, and employs
fewer than 50 full-time employees or has gross annual sales of
less than $4,000,000. For purposes of a specific rule, a home
rule unit may define small business to include employment of 50
or more persons if it finds that such a definition is necessary

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to adapt the rule to the needs and problems of small businesses
and organizations.
Section 15. Rulemaking by home rule units; limitation of
home rule powers.
(a) All rules of a home rule unit shall be adopted in
accordance with this Act.
(b) All rulemaking authority exercised on or after the
effective date of this Act of the 100th General Assembly is
conditioned on the rules being adopted in accordance with all
provisions of this Act; any purported rule not so adopted, for
whatever reason, including without limitation a decision of a
court holding any part of this Act invalid, is unauthorized.
(c) A home rule unit may not adopt any rule in a manner
inconsistent with this Act. This Act is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
Section 20. Adoption and availability of rules.
(a) In addition to other rulemaking requirements imposed by
law, each home rule unit shall, on its website, make available
for public inspection all rules adopted by the home rule unit
in the discharge of its functions.
(b) A home rule unit rule is not valid or effective against
any person or party, and it may not be invoked by the home rule

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unit for any purpose, until it has been made available for
public inspection and publication as required by this Act.
However, a home rule unit shall not assert the invalidity of a
rule that it has adopted under this Act when an opposing party
has relied upon the rule.
Section 25. Required rules; required documentation.
(a) A home rule unit shall maintain as rules the following:
(1) A current description of the home rule unit's
organization with necessary charts depicting that
organization.
(2) The current procedures by which the public can
obtain information or make submissions or requests on
subjects, programs, and activities of the home rule unit.
Requests for copies of rules shall not be deemed Freedom of
Information Act requests unless so labeled by the
requester.
(3) Tables of contents, indices, reference tables, and
other materials to aid users in finding and using the home
rule unit's collection of rules currently in force.
(4) A current description of the home rule unit's
rulemaking procedures with necessary flow charts depicting
those procedures.
(5) Any rules adopted under this Section in accordance
with Section 75 of this Act.
The rules required by this subsection may be adopted,

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amended, or repealed by publishing a copy of the rules on the
home rule unit's website notwithstanding any other provision or
requirement of this Act.
(b) Background text in rulemaking documentation shall
match the current text of the rules of the home rule unit. As
used in this subsection, "background text" means existing text
of the existing rules of the home rule unit that is part of a
rulemaking but is not being amended by the rulemaking.
(c) 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.
(d) The following documentation is required when
rulemaking:
(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
this Act. 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

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records of the home rule unit and the publication required
under Section 70 of this Act.
(3) For a required rulemaking adopted under this
Section 25, an emergency rulemaking under Section 50 of
this Act, or a peremptory rulemaking under Section 55 of
this Act, the documentation requirements of paragraphs (1)
and (2) of this subsection (d) apply at the time of
adoption.
Section 30. Implementing discretionary powers. Each rule
that implements a discretionary power to be exercised by a home
rule unit shall include the standards by which the home rule
unit shall exercise the power. The standards shall be stated as
precisely and clearly as practicable under the conditions to
inform fully those persons affected.
Section 35. Regulatory flexibility. When a home rule unit
proposes a new rule or an amendment to an existing rule that
may have an impact on small businesses or not for profit
corporations, the home rule unit shall do each of the
following:
(1) The home rule unit shall consider each of the
following methods for reducing the impact of the rulemaking
on small businesses or not for profit corporations by
utilizing one or more of the following methods if it finds
that the methods are legal and feasible in meeting the

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statutory objectives that are the basis of the proposed
rulemaking:
(A) Establish less stringent compliance or
reporting requirements in the rule for small
businesses or not for profit corporations.
(B) Establish less stringent schedules or
deadlines in the rule for compliance or reporting
requirements for small businesses or not for profit
corporations.
(C) Consolidate or simplify the rule's compliance
or reporting requirements for small businesses or not
for profit corporations.
(D) Establish performance standards to replace
design or operational standards in the rule for small
businesses or not for profit corporations.
(E) Exempt small businesses or not for profit
corporations from any or all requirements of the rule.
(2) Before or during the notice period required under
subsection (b) of Section 45 of this Act, the home rule
unit shall provide an opportunity for small businesses or
not for profit corporations to participate in the
rulemaking process and shall utilize one or more of the
following techniques which are in addition to other
rulemaking requirements imposed by this Act or by any other
Act:
(A) The inclusion in any advance notice of possible

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rulemaking of a statement that the rule may have an
impact on small businesses or not for profit
corporations.
(B) The publication of a notice of rulemaking in
publications likely to be obtained by small businesses
or not for profit corporations.
(C) The direct notification of interested small
businesses or not for profit corporations.
(D) The conduct of public hearings concerning the
impact of the rule on small businesses or not for
profit corporations.
(E) The use of special hearing or comment
procedures to reduce the cost or complexity of
participation in the rulemaking by small businesses or
not for profit corporations.
(3) Prior to the filing for publication of any proposed
rule or amendment that may have an adverse impact on small
businesses, a home rule unit must prepare an economic
impact analysis which shall include all of the following:
(A) An identification of the types and estimate of
the number of the small businesses subject to the
proposed rule or amendment.
(B) The projected reporting, recordkeeping, and
other administrative costs required for compliance
with the proposed rule or amendment, including the type
of professional skills necessary for preparation of

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the report or record.
(C) A statement of the probable positive or
negative economic effect on impacted small businesses.
(D) A description of any less intrusive or less
costly alternative methods of achieving the purpose of
the proposed rule or amendment. The alternatives must
be consistent with the stated objectives of the
applicable statutes and the proposed rulemaking.
Section 40. Procedure for rulemaking.
(a) Before the adoption, amendment, or repeal of any rule,
each home rule unit shall accomplish the actions required by
Section 45, 50, or 55 of this Act, whichever is applicable.
(b) No action by any home rule unit to adopt, amend, or
repeal a rule after the effective date of this Act of the 100th
General Assembly shall be valid unless taken in compliance with
this Section. A proceeding to contest any rule on the ground of
non-compliance with the procedural requirements of this
Section must be commenced within 2 years from the effective
date of the rule.
(c) The rulemaking procedures of this Act do not apply to a
matter relating solely to a home rule unit's management or
personnel practices or to public property, loans, or contracts.
Section 45. General rulemaking.
(a) In all rulemaking to which Sections 50 and 55 of this

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Act do not apply, a home rule unit shall comply with this
Section.
(b) A home rule unit 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 is published
on the website maintained by the home rule unit. 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
provision to be repealed.
(2) The specific authority including any ordinance of
the home rule unit and 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.
(4) 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 the 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 a home rule unit or by a person or entity that
contracted with the home rule unit for the performance of
the study, the home rule unit shall also make copies of the
underlying data available to members of the public upon

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request if the data are not protected from disclosure under
the Freedom of Information Act.
(5) 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.
(6) The time, place, and manner in which interested
persons may present their views and comments concerning the
proposed rulemaking.
During the first notice period, the home rule unit shall
accept from any interested persons data, views, arguments, or
comments. These may, in the discretion of the home rule unit,
be submitted either orally or in writing or both. The notice
published on the home rule unit's website shall indicate the
manner selected by the home rule unit for the submissions. The
home rule unit shall consider all submissions received.
A home rule unit shall hold a public hearing on the
proposed rulemaking during the first notice period if: (i)
during the first notice period, the home rule unit finds that a
public hearing would facilitate the submission of views and
comments that might not otherwise be submitted; or (ii) the
home rule unit receives a request for a public hearing, within
the first 14 days after publication of the notice of proposed

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rulemaking, from 25 interested persons, an association
representing at least 100 interested persons, the mayor or
other chief executive officer or county board president of the
home rule unit, or a unit of local government that may be
affected. At the public hearing, the home rule unit 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 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 Designated Review
Committee of the home rule unit. Each home rule unit 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 electronic means. At least one home rule
unit representative shall be present during the hearing who is
qualified to respond to general questions from the public
regarding the home rule unit's proposal and the rulemaking
process.
(c) A home rule unit shall provide additional notice of the
proposed rulemaking to the Designated Review Committee. The
period commencing on the day written notice is received by the
Committee shall be known as the second notice period and shall

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expire 45 days after the written notice is received by the
Committee unless, before that time, the home rule unit and the
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 home rule unit has received a statement of objection
from the Committee or notification from the Committee that no
objection will be issued. The written notice to the Committee
shall include: (i) the text and location of any changes made to
the proposed rulemaking during the first notice period; (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) 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 Designated
Review Committee. The home rule unit 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 home rule unit may
charge a reasonable fee for providing the copies to cover

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postage and handling costs.
(d) After the expiration of the second notice period, after
notification from the Designated Review Committee that no
objection will be issued, or after a response by the home rule
unit to a statement of objections issued by the Committee,
whichever is applicable, the home rule unit shall publish,
under Section 70 of this Act, a copy of each rule,
modification, or repeal of any rule adopted by it. Each rule
adopted under this Section is effective upon publishing unless
a later effective date is required by ordinance or statute or
is specified in the rulemaking.
(e) No rule or modification or repeal of any rule may be
adopted, or published under Section 70 of this Act, more than
one year after the date the first notice period for the
rulemaking under subsection (b) of this Section commenced.
Section 50. Emergency rulemaking.
(a) For purposes of this Act, "emergency" means the
existence of any situation that any home rule unit finds
reasonably constitutes a threat to the public interest, safety,
or welfare.
(b) If a home rule unit finds that an emergency exists that
requires adoption of a rule upon fewer days notice than is
required by Section 45 of this Act and states in writing its
reasons for that finding, the home rule unit may adopt an
emergency rule without prior notice or hearing upon filing a

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notice of emergency rulemaking on its website under Section 70
of this Act. The notice shall include the text of the emergency
rule. Consent orders or other court orders adopting settlements
negotiated by a home rule unit may be adopted under this
Section. Subject to applicable constitutional or statutory
provisions, an emergency rule becomes effective immediately
upon publishing under Section 70 of this Act or at a stated
date less than 10 days after publication. The home rule unit's
finding and a statement of the specific reasons for the finding
shall be published with the rule. The home rule unit shall take
reasonable and appropriate measures to make emergency rules
known to the persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the home rule unit's authority to
adopt an identical rule under Section 45 of this Act is not
precluded. No emergency rule may be adopted more than once in
any 24-month period. Two or more emergency rules having
substantially the same purpose and effect shall be deemed to be
a single rule for purposes of this Section.
Section 55. Peremptory rulemaking.
(a) For purposes of this Act, "peremptory rulemaking" means
any rulemaking that is required as a result of federal or State
law, federal or State rules and regulations, an order of a
court, under conditions that preclude compliance with the
general rulemaking requirements imposed by Section 45 of this

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Act and that preclude the exercise of discretion by the home
rule unit as to the content of the rule it is required to
adopt.
(b) If a home rule unit finds that peremptory rulemaking is
necessary and states in writing its reasons for that finding,
the home rule unit may adopt peremptory rulemaking upon
publishing a notice of rulemaking on its website. A rule
adopted under the peremptory rulemaking provisions of this
Section becomes effective immediately upon publication or at a
date required or authorized by the relevant federal or State
law, federal or State rules and regulations, or court order, as
stated in the notice of rulemaking. Notice of rulemaking under
this Section shall specifically refer to the appropriate State
or federal court order or federal law, rules, and regulations.
The home rule unit shall publish the notice of peremptory
rulemaking within 30 days after a change in rules is required.
(c) Peremptory rulemaking shall not be used to implement
consent orders or other court orders adopting settlements
negotiated by the home rule unit.
Section 60. Automatic repeal of rules. A rule may provide
for its automatic repeal on a date specified in the rule. The
repeal shall be effective on the date specified, provided that
notice of the repeal is published on the home rule unit's
website not less than 30 nor more than 60 days before the
effective date of the repeal. This Section does not apply to

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any rules published under Section 50 of this Act.
Section 65. Regulatory agenda. A home rule unit shall
publish on its website by January 1 and July 1 of each year a
regulatory agenda to elicit public comments concerning any rule
that the home rule unit is considering proposing but for which
no notice of proposed rulemaking activity has been published. A
regulatory agenda shall consist of summaries of those rules.
Each summary shall, in less than 2,000 words, contain the
following when practicable:
(1) A description of the rule.
(2) The statutory authority the home rule unit is
exercising.
(3) A schedule of the dates for any hearings, meetings,
or other opportunities for public participation in the
development of the rule.
(4) The date the home rule unit anticipates submitting
a notice of proposed rulemaking activity, if known.
(5) The name, address, and telephone number of the home
rule unit representative who is knowledgeable about the
rule, from whom any information may be obtained, and to
whom written comments may be submitted concerning the rule.
(6) A statement whether the rule will affect small
businesses or not for profit corporations.
(7) Any other information that may serve the public
interest.

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Nothing in this Section shall preclude a home rule unit
from adopting a rule that has not been summarized in a
regulatory agenda or from adopting a rule different than one
summarized in a regulatory agenda if in the judgment of the
mayor, president, chair, or other chief executive officer of
the governing body of the home rule unit finds that it is
necessary. If a home rule unit finds that a situation exists
that requires adoption of a rule that was not summarized on
either of the 2 most recent regulatory agendas, it shall state
its reasons in writing together with the facts that form their
basis upon publishing the notice of proposed rulemaking under
Section 45 of this Act. Nothing in this Section shall require a
home rule unit to adopt a rule summarized in a regulatory
agenda.
Section 70. Publishing of rules. No later than July 1,
2018, a home rule unit shall publish on its website a copy of
each rule adopted in the home rule unit on or before July 1,
2018, and shall publish each rule adopted after that date as
required by this Act.
Section 75. Incorporation by reference.
(a) A home rule unit may incorporate by reference, in its
rules adopted under Section 40 of this Act, rules, regulations,
standards, and guidelines of a an agency of the United States
or a nationally or state recognized organization or association

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without publishing the incorporated material in full. The
reference in the rules must fully identify the incorporated
matter by publisher address and date in order to specify how a
copy of the material may be obtained and must state that the
rule, regulation, standard, or guideline does not include any
later amendments or editions. A home rule unit may incorporate
by reference these matters in its rules only if the home rule
unit, organization, or association originally issuing the
matter makes copies readily available to the public.
(b) The home rule unit adopting a rule, regulation,
standard, or guideline under this Section shall maintain a copy
of the referenced rule, regulation, standard, or guideline in
at least one of its principal offices and shall make it
available to the public upon request for inspection and copying
at no more than cost. Requests for copies of materials
incorporated by reference shall not be deemed Freedom of
Information Act requests unless so labeled by the requester.
The home rule unit shall designate by rule the location at
which incorporated materials are maintained and made available
to the public for inspection and copying. These rules may be
adopted under the procedures in Section 25 of this Act. In
addition, the home rule unit may include the designation of the
location of incorporated materials in a rulemaking under
Section 40 of this Act, but emergency and peremptory rulemaking
procedures may not be used solely for this purpose.

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Section 80. Publication of rules. The publication of a rule
on the home rule unit's website as an adopted rule shall
establish a rebuttable presumption that the rule was duly
adopted. Judicial or official notice shall be taken of the text
of each rule published on the home rule unit's website.
Section 85. Designated Review Committee.
(a) A home rule unit shall establish a Designated Review
Committee. The Committee shall consist of 5 members of the
governing body of the home rule unit who shall be appointed by
the governing body. The political party representation of the
Designated Review Committee shall, as closely as possible,
mirror that of the appointing body. Appointments made under
this Section are for a term of 2 years.
(b) The agenda of each meeting of the Committee shall be
published at least 5 days before the meeting on the home rule
unit's website. The provisions of this subsection shall not
prohibit the Committee from acting upon an item that was not
contained in the published agenda.
(c) The Committee may charge reasonable fees for copies of
documents or publications to cover the cost of copying or
printing.
Section 90. Powers of the Designated Review Committee. A
Designated Review Committee shall have the following powers
under this Act:

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(1) The function of the Committee shall be the
promotion of adequate and proper rules by a home rule unit
and an understanding on the part of the public respecting
those rules. This function shall be advisory only.
(2) Failure of the Committee to object to any proposed
rule, amendment, or repealer or any existing rule shall not
be construed as implying direct or indirect approval of the
rule or proposed rule, amendment, or repealer by the
Committee.
Section 95. Responsibilities of the Designated Review
Committee with respect to proposed rules, amendments, or
repealers.
(a) The Committee shall examine any proposed rule,
amendment to a rule, and repeal of a rule to determine whether
the proposed rule, amendment to a rule, or repeal of a rule is
within the statutory authority upon which it is based; whether
the rule, amendment to a rule, or repeal of a rule is in proper
form; and whether the notice was given before its adoption,
amendment, or repeal and was sufficient to give adequate notice
of the purpose and effect of the rule, amendment, or repeal. In
addition, the Committee shall consider whether the home rule
unit has considered alternatives to the rule that are
consistent with the stated objectives of both the applicable
statutes and regulations and whether the rule is designed to
minimize economic impact on small businesses.

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(b) If the Committee objects to a proposed rule, amendment
to a rule, or repeal of a rule, it shall certify the fact to the
home rule unit and include with the certification a statement
of its specific objections.
(c) If within the second notice period the Committee
certifies its objections to the home rule unit, then that home
rule unit shall do one of the following within 90 days after
receiving the statement of objection:
(1) modify the proposed rule, amendment, or repealer to
meet the Committee's objections;
(2) withdraw the proposed rule, amendment, or repealer
in its entirety; or
(3) refuse to modify or withdraw the proposed rule,
amendment, or repealer.
(d) If a home rule unit elects to modify a proposed rule,
amendment, or repealer to meet the Committee's objections, it
shall make those modifications that are necessary to meet the
objections and shall resubmit the rule, amendment, or repealer
to the Committee. In addition, the home rule unit shall publish
a notice of its election to modify the proposed rule,
amendment, or repealer to meet the Committee's objections on
the home rule unit's website, but the home rule unit shall not
be required to conduct a public hearing. If the Committee
determines that the modifications do not remedy the Committee's
objections, it shall so notify the home rule unit in writing
and a copy of that notification shall be published on the home

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rule unit's website. In addition, the Committee may recommend
legislative action as provided in subsection (g) of this
Section for home rule unit refusals.
(e) If a home rule unit elects to withdraw a proposed rule,
amendment, or repealer as a result of the Committee's
objections, it shall notify the Committee in writing of its
election and shall publish a notice of the withdrawal on the
home rule unit's website.
(f) Failure of a home rule unit to respond to the
Committee's objections to a proposed rule, amendment, or
repealer within the time prescribed in subsection (c) of this
Section shall constitute withdrawal of the proposed rule,
amendment, or repealer in its entirety. The Committee shall
publish a notice to that effect on the home rule unit's
website.
(g) If a home rule unit refuses to modify or withdraw the
proposed rule, amendment, or repealer to remedy an objection
stated by the Committee, it shall notify the Committee in
writing of its refusal and shall publish a notice of refusal on
the home rule unit's website with 14 calendar days of the date
of the refusal. If the Committee decides to recommend
legislative action in response to a home rule unit refusal,
then the Committee shall have drafted and introduced into the
governing body of the home rule unit appropriate legislation to
implement the recommendations of the Committee.
(h) No rule, amendment, or repeal of a rule shall be

SB1701 - 24 - LRB100 11150 AWJ 21442 b
published on the home rule unit website as adopted until after
the home rule unit has responded to the objections of the
Committee as provided in this Section.
Section 100. Responsibilities of the Designated Review
Committee with respect to emergency, peremptory, and other
existing rules.
(a) The Committee may examine any rule to determine whether
the rule is within the statutory authority upon which it is
based and whether the rule is in proper form.
(b) If the Committee objects to a rule, it shall, within 5
days of the objection, certify the fact to the adopting home
rule unit and include within the certification a statement of
its specific objections.
(c) Within 90 days after receiving the certification, the
home rule unit shall do one of the following:
(1) notify the Committee that it has elected to amend
the rule to meet the Committee's objection;
(2) notify the Committee that it has elected to repeal
the rule; or
(3) notify the Committee that it refuses to amend or
repeal the rule.
(d) If the home rule unit elects to amend a rule to meet
the Committee's objections, it shall notify the Committee in
writing and shall initiate rulemaking procedures for that
purpose by giving notice as required by Section 40 of this Act.

SB1701 - 25 - LRB100 11150 AWJ 21442 b
The Committee shall give priority to rules so amended when
setting its agenda.
(e) If the home rule unit elects to repeal a rule as a
result of the Committee's objections, it shall notify the
Committee in writing of its election and shall initiate
rulemaking procedures for that purpose by giving notice as
required by Section 40 of this Act.
(f) If the home rule unit elects to amend or repeal a rule
as a result of the Committee's objections, it shall complete
the process within 180 days after giving notice on the home
rule unit's website.
(g) Failure of the home rule unit to respond to the
Committee's objections to a rule within the time prescribed in
subsection (c) of this Section shall constitute a refusal to
amend or repeal the rule.
(h) If the home rule unit refuses to amend or repeal a rule
to remedy an objection stated by the Committee, it shall notify
the Committee in writing of its refusal and shall publish a
notice of refusal on the home rule unit's website. The notice
shall be published within 14 calendar days.
Section 105. Request for adoption of rules.
(a) A home rule unit shall, in accordance with Section 40
of this Act, adopt rules that implement recently enacted
legislation in a timely and expeditious manner.
(b) Any interested person may request a home rule unit to

SB1701 - 26 - LRB100 11150 AWJ 21442 b
adopt, amend, or repeal a rule. A home rule unit shall
prescribe by rule the procedure for consideration and
disposition of the person's request. If, within 30 days after
submission of a request, the home rule unit has not initiated
rulemaking proceedings in accordance with Section 40 of this
Act, the request shall be deemed to have been denied.
Section 110. Website. If a home rule unit does not have a
website, it shall create and maintain a website that contains,
at a minimum, the information required by this Act.
Section 800. The Counties Code is amended by changing
Sections 5-1069 and 5-1069.3 as follows:
(55 ILCS 5/5-1069) (from Ch. 34, par. 5-1069)
Sec. 5-1069. Group life, health, accident, hospital, and
medical insurance.
(a) The county board of any county may arrange to provide,
for the benefit of employees of the county, group life, health,
accident, hospital, and medical insurance, or any one or any
combination of those types of insurance, or the county board
may self-insure, for the benefit of its employees, all or a
portion of the employees' group life, health, accident,
hospital, and medical insurance, or any one or any combination
of those types of insurance, including a combination of
self-insurance and other types of insurance authorized by this

SB1701 - 27 - LRB100 11150 AWJ 21442 b
Section, provided that the county board complies with all other
requirements of this Section. The insurance may include
provision for employees who rely on treatment by prayer or
spiritual means alone for healing in accordance with the tenets
and practice of a well recognized religious denomination. The
county board may provide for payment by the county of a portion
or all of the premium or charge for the insurance with the
employee paying the balance of the premium or charge, if any.
If the county board undertakes a plan under which the county
pays only a portion of the premium or charge, the county board
shall provide for withholding and deducting from the
compensation of those employees who consent to join the plan
the balance of the premium or charge for the insurance.
(b) If the county board does not provide for self-insurance
or for a plan under which the county pays a portion or all of
the premium or charge for a group insurance plan, the county
board may provide for withholding and deducting from the
compensation of those employees who consent thereto the total
premium or charge for any group life, health, accident,
hospital, and medical insurance.
(c) The county board may exercise the powers granted in
this Section only if it provides for self-insurance or, where
it makes arrangements to provide group insurance through an
insurance carrier, if the kinds of group insurance are obtained
from an insurance company authorized to do business in the
State of Illinois. The county board may enact an ordinance

SB1701 - 28 - LRB100 11150 AWJ 21442 b
prescribing the method of operation of the insurance program.
(d) If a county, including a home rule county, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the insurance coverage shall
include screening by low-dose mammography for all women 35
years of age or older for the presence of occult breast cancer
unless the county elects to provide mammograms itself under
Section 5-1069.1. The coverage shall be as follows:
(1) A baseline mammogram for women 35 to 39 years of
age.
(2) An annual mammogram for women 40 years of age or
older.
(3) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider for
women under 40 years of age and having a family history of
breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(4) A comprehensive ultrasound screening of an entire
breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue, when medically
necessary as determined by a physician licensed to practice
medicine in all of its branches, advanced practice nurse,
or physician assistant.
For purposes of this subsection, "low-dose mammography"
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray

SB1701 - 29 - LRB100 11150 AWJ 21442 b
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per
breast for 2 views of an average size breast. The term also
includes digital mammography.
(d-5) Coverage as described by subsection (d) shall be
provided at no cost to the insured and shall not be applied to
an annual or lifetime maximum benefit.
(d-10) When health care services are available through
contracted providers and a person does not comply with plan
provisions specific to the use of contracted providers, the
requirements of subsection (d-5) are not applicable. When a
person does not comply with plan provisions specific to the use
of contracted providers, plan provisions specific to the use of
non-contracted providers must be applied without distinction
for coverage required by this Section and shall be at least as
favorable as for other radiological examinations covered by the
policy or contract.
(d-15) If a county, including a home rule county, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the insurance coverage shall
include mastectomy coverage, which includes coverage for
prosthetic devices or reconstructive surgery incident to the
mastectomy. Coverage for breast reconstruction in connection
with a mastectomy shall include:
(1) reconstruction of the breast upon which the
mastectomy has been performed;

SB1701 - 30 - LRB100 11150 AWJ 21442 b
(2) surgery and reconstruction of the other breast to
produce a symmetrical appearance; and
(3) prostheses and treatment for physical
complications at all stages of mastectomy, including
lymphedemas.
Care shall be determined in consultation with the attending
physician and the patient. The offered coverage for prosthetic
devices and reconstructive surgery shall be subject to the
deductible and coinsurance conditions applied to the
mastectomy, and all other terms and conditions applicable to
other benefits. When a mastectomy is performed and there is no
evidence of malignancy then the offered coverage may be limited
to the provision of prosthetic devices and reconstructive
surgery to within 2 years after the date of the mastectomy. As
used in this Section, "mastectomy" means the removal of all or
part of the breast for medically necessary reasons, as
determined by a licensed physician.
A county, including a home rule county, that is a
self-insurer for purposes of providing health insurance
coverage for its employees, may not penalize or reduce or limit
the reimbursement of an attending provider or provide
incentives (monetary or otherwise) to an attending provider to
induce the provider to provide care to an insured in a manner
inconsistent with this Section.
(d-20) The requirement that mammograms be included in
health insurance coverage as provided in subsections (d)

SB1701 - 31 - LRB100 11150 AWJ 21442 b
through (d-15) is an exclusive power and function of the State
and is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of home rule county
powers. A home rule county to which subsections (d) through
(d-15) apply must comply with every provision of those
subsections.
(e) The term "employees" as used in this Section includes
elected or appointed officials but does not include temporary
employees.
(f) The county board may, by ordinance, arrange to provide
group life, health, accident, hospital, and medical insurance,
or any one or a combination of those types of insurance, under
this Section to retired former employees and retired former
elected or appointed officials of the county.
(g) Notwithstanding the Home Rule Administrative Procedure
Act, rulemaking Rulemaking authority to implement Public Act
95-1045 this amendatory Act of the 95th General Assembly, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 99-581, eff. 1-1-17.)
(55 ILCS 5/5-1069.3)
Sec. 5-1069.3. Required health benefits. If a county,

SB1701 - 32 - LRB100 11150 AWJ 21442 b
including a home rule county, is a self-insurer for purposes of
providing health insurance coverage for its employees, the
coverage shall include coverage for the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, and 356z.22 of the Illinois Insurance Code.
The coverage shall comply with Sections 155.22a, 355b, 356z.19,
and 370c of the Illinois Insurance Code. The requirement that
health benefits be covered as provided in this Section is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution. A home rule county to which this Section
applies must comply with every provision of this Section.
Notwithstanding the Home Rule Administrative Procedure
Act, rulemaking Rulemaking authority to implement Public Act
95-1045, if any, is conditioned on the rules being adopted in
accordance with all provisions of the Illinois Administrative
Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so
adopted, for whatever reason, is unauthorized.
(Source: P.A. 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15;
99-480, eff. 9-9-15.)
Section 805. The Illinois Municipal Code is amended by

SB1701 - 33 - LRB100 11150 AWJ 21442 b
changing Sections 10-4-2 and 10-4-2.3 as follows:
(65 ILCS 5/10-4-2) (from Ch. 24, par. 10-4-2)
Sec. 10-4-2. Group insurance.
(a) The corporate authorities of any municipality may
arrange to provide, for the benefit of employees of the
municipality, group life, health, accident, hospital, and
medical insurance, or any one or any combination of those types
of insurance, and may arrange to provide that insurance for the
benefit of the spouses or dependents of those employees. The
insurance may include provision for employees or other insured
persons who rely on treatment by prayer or spiritual means
alone for healing in accordance with the tenets and practice of
a well recognized religious denomination. The corporate
authorities may provide for payment by the municipality of a
portion of the premium or charge for the insurance with the
employee paying the balance of the premium or charge. If the
corporate authorities undertake a plan under which the
municipality pays a portion of the premium or charge, the
corporate authorities shall provide for withholding and
deducting from the compensation of those municipal employees
who consent to join the plan the balance of the premium or
charge for the insurance.
(b) If the corporate authorities do not provide for a plan
under which the municipality pays a portion of the premium or
charge for a group insurance plan, the corporate authorities

SB1701 - 34 - LRB100 11150 AWJ 21442 b
may provide for withholding and deducting from the compensation
of those employees who consent thereto the premium or charge
for any group life, health, accident, hospital, and medical
insurance.
(c) The corporate authorities may exercise the powers
granted in this Section only if the kinds of group insurance
are obtained from an insurance company authorized to do
business in the State of Illinois, or are obtained through an
intergovernmental joint self-insurance pool as authorized
under the Intergovernmental Cooperation Act. The corporate
authorities may enact an ordinance prescribing the method of
operation of the insurance program.
(d) If a municipality, including a home rule municipality,
is a self-insurer for purposes of providing health insurance
coverage for its employees, the insurance coverage shall
include screening by low-dose mammography for all women 35
years of age or older for the presence of occult breast cancer
unless the municipality elects to provide mammograms itself
under Section 10-4-2.1. The coverage shall be as follows:
(1) A baseline mammogram for women 35 to 39 years of
age.
(2) An annual mammogram for women 40 years of age or
older.
(3) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider for
women under 40 years of age and having a family history of

SB1701 - 35 - LRB100 11150 AWJ 21442 b
breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(4) A comprehensive ultrasound screening of an entire
breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue, when medically
necessary as determined by a physician licensed to practice
medicine in all of its branches.
For purposes of this subsection, "low-dose mammography"
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per
breast for 2 views of an average size breast. The term also
includes digital mammography.
(d-5) Coverage as described by subsection (d) shall be
provided at no cost to the insured and shall not be applied to
an annual or lifetime maximum benefit.
(d-10) When health care services are available through
contracted providers and a person does not comply with plan
provisions specific to the use of contracted providers, the
requirements of subsection (d-5) are not applicable. When a
person does not comply with plan provisions specific to the use
of contracted providers, plan provisions specific to the use of
non-contracted providers must be applied without distinction
for coverage required by this Section and shall be at least as
favorable as for other radiological examinations covered by the

SB1701 - 36 - LRB100 11150 AWJ 21442 b
policy or contract.
(d-15) If a municipality, including a home rule
municipality, is a self-insurer for purposes of providing
health insurance coverage for its employees, the insurance
coverage shall include mastectomy coverage, which includes
coverage for prosthetic devices or reconstructive surgery
incident to the mastectomy. Coverage for breast reconstruction
in connection with a mastectomy shall include:
(1) reconstruction of the breast upon which the
mastectomy has been performed;
(2) surgery and reconstruction of the other breast to
produce a symmetrical appearance; and
(3) prostheses and treatment for physical
complications at all stages of mastectomy, including
lymphedemas.
Care shall be determined in consultation with the attending
physician and the patient. The offered coverage for prosthetic
devices and reconstructive surgery shall be subject to the
deductible and coinsurance conditions applied to the
mastectomy, and all other terms and conditions applicable to
other benefits. When a mastectomy is performed and there is no
evidence of malignancy then the offered coverage may be limited
to the provision of prosthetic devices and reconstructive
surgery to within 2 years after the date of the mastectomy. As
used in this Section, "mastectomy" means the removal of all or
part of the breast for medically necessary reasons, as

SB1701 - 37 - LRB100 11150 AWJ 21442 b
determined by a licensed physician.
A municipality, including a home rule municipality, that is
a self-insurer for purposes of providing health insurance
coverage for its employees, may not penalize or reduce or limit
the reimbursement of an attending provider or provide
incentives (monetary or otherwise) to an attending provider to
induce the provider to provide care to an insured in a manner
inconsistent with this Section.
(d-20) The requirement that mammograms be included in
health insurance coverage as provided in subsections (d)
through (d-15) is an exclusive power and function of the State
and is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of home rule
municipality powers. A home rule municipality to which
subsections (d) through (d-15) apply must comply with every
provision of through subsections.
(e) Notwithstanding the Home Rule Administrative Procedure
Act, rulemaking Rulemaking authority to implement Public Act
095-1045 this amendatory Act of the 95th General Assembly, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 95-1045, eff. 3-27-09.)

SB1701 - 38 - LRB100 11150 AWJ 21442 b
(65 ILCS 5/10-4-2.3)
Sec. 10-4-2.3. Required health benefits. If a
municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the coverage shall include coverage
for the post-mastectomy care benefits required to be covered by
a policy of accident and health insurance under Section 356t
and the coverage required under Sections 356g, 356g.5,
356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, and 356z.22 of the
Illinois Insurance Code. The coverage shall comply with
Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
Insurance Code. The requirement that health benefits be covered
as provided in this is an exclusive power and function of the
State and is a denial and limitation under Article VII, Section
6, subsection (h) of the Illinois Constitution. A home rule
municipality to which this Section applies must comply with
every provision of this Section.
Notwithstanding the Home Rule Administrative Procedure
Act, rulemaking Rulemaking authority to implement Public Act
95-1045, if any, is conditioned on the rules being adopted in
accordance with all provisions of the Illinois Administrative
Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so
adopted, for whatever reason, is unauthorized.
(Source: P.A. 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15;

SB1701 - 39 - LRB100 11150 AWJ 21442 b
99-480, eff. 9-9-15.)
Section 810. The State Mandates Act is amended by adding
Section 8.41 as follows:
(30 ILCS 805/8.41 new)
Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 100th General Assembly.
Section 999. Effective date. This Act takes effect January
1, 2018.