|
| Public Act 103-0390
|
| SB1875 Enrolled | LRB103 28045 DTM 54424 b |
|
|
AN ACT concerning regulation.
|
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 Sections 5-40, 5-45, 5-50, 5-60, and 5-65 |
as follows:
|
(5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
|
Sec. 5-40. General rulemaking.
|
(a) In all rulemaking to which Sections 5-45 and 5-50 do |
not apply, each
agency shall comply with this Section.
|
(b) Each agency shall give at least 45 days' notice of its |
intended action
to the general public. This first notice |
period shall commence on
the first day the notice appears in |
the Illinois Register. The first
notice shall include all the |
following:
|
(1) The text of the proposed rule, the old and new |
materials of a
proposed amendment, or the text of the |
provision to be repealed.
|
(2) The specific statutory citation upon which the |
proposed rule, the
proposed amendment to a rule, or the |
proposed repeal of a rule is based and
by which it is |
authorized.
|
(3) A complete description of the subjects and issues |
|
involved.
|
(3.5) A descriptive title or other description of any |
published study or
research
report used in developing the |
rule, the identity of the person who performed
such study, |
and a description of where the public may obtain a copy of |
any such
study or research report. If the study was |
performed by an agency or by a
person or entity that |
contracted with the agency for the performance of the
|
study, the agency shall also make copies of the underlying |
data available to
members of the public upon request if |
the data are not protected from
disclosure under
the |
Freedom of Information Act.
|
(4) For all proposed rules and proposed amendments to |
rules, an initial
regulatory flexibility analysis |
containing a description of the types of
small businesses |
subject to the rule; a brief description of the proposed
|
reporting, bookkeeping, and other procedures required for |
compliance with
the rule; and a description of the types |
of professional skills necessary
for compliance.
|
(5) The time, place, and manner in which interested |
persons
may present their views and comments concerning |
the proposed rulemaking.
|
During the first notice period, the agency shall accept |
from any interested
persons data, views, arguments, or |
comments from any interested persons. The agency shall accept |
submissions in writing, including submissions by email or by |
|
other publicly accessible electronic means through its |
website. In the discretion of the agency, submissions may be |
submitted orally. These may, in the discretion of
the agency, |
be submitted either orally or in writing or both. The notice
|
published in the Illinois Register shall indicate the manner |
selected by the
agency for the submissions, including the |
email address or website address where submissions will be |
accepted. The agency shall consider all submissions
received.
|
The agency shall hold a public hearing on the proposed |
rulemaking during
the first notice period if (i) during the |
first notice period, the
agency finds that a public hearing
|
would facilitate the submission of views and comments that |
might not
otherwise be submitted or (ii) the agency receives a |
request for a public
hearing, within the first 14 days after |
publication of the notice of
proposed rulemaking in the |
Illinois Register, from 25 interested persons,
an association |
representing at least 100 interested persons, the Governor,
|
the Joint Committee on Administrative Rules, or a unit of |
local government
that may be affected. At the public hearing, |
the agency shall allow
interested persons to present views and |
comments on the proposed
rulemaking. A public hearing in |
response to a request for a hearing may
not be held less than |
20 days after the publication of the notice of
proposed |
rulemaking in the Illinois Register unless notice of the |
public
hearing is included in the notice of proposed |
rulemaking. A public hearing
on proposed rulemaking may not be |
|
held less than 5 days before submission
of the notice required |
under subsection (c) of this Section to the Joint
Committee on |
Administrative Rules. Each agency may prescribe reasonable
|
rules for the conduct of public hearings on proposed |
rulemaking to prevent
undue repetition at the hearings. The |
hearings must be open to the public
and recorded by |
stenographic or mechanical means.
At least one agency |
representative shall be present during the hearing who
is |
qualified to respond to general questions from the public |
regarding the
agency's proposal and the rulemaking process.
|
(c) Each agency shall provide additional notice of the |
proposed rulemaking
to the Joint Committee on Administrative |
Rules. The period commencing on
the day written notice is |
received by the Joint Committee shall be known as
the second |
notice period and shall expire 45 days thereafter unless |
before
that time the agency and the Joint Committee have |
agreed to extend the
second notice period beyond 45 days for a |
period not to exceed an
additional 45 days or unless the agency |
has received a statement of
objection from the Joint Committee |
or notification from the Joint Committee
that no objection |
will be issued. The written notice to the Joint
Committee |
shall include (i) the text and location of any changes made to
|
the proposed rulemaking during the first notice period in a |
form prescribed
by the Joint Committee; (ii) for all
proposed |
rules and proposed amendments to rules, a final regulatory
|
flexibility analysis containing a summary of issues raised by |
|
small
businesses during the first notice period and a |
description of actions
taken on any alternatives to the |
proposed rule suggested by small
businesses during the first |
notice period, including reasons for rejecting
any |
alternatives not utilized; and (iii) if a written request has |
been made
by the Joint Committee within 30 days after initial |
notice appears in the
Illinois Register under subsection (b) |
of this Section, an analysis of the
economic and budgetary |
effects of the proposed rulemaking. After
commencement of the |
second notice period, no substantive change may be made
to a |
proposed rulemaking unless it is made in response to an |
objection or
suggestion of the Joint Committee. The agency |
shall also send a copy of
the final regulatory flexibility |
analysis to each small business that has
presented views or |
comments on the proposed rulemaking during the first
notice |
period and to any other interested person who requests a copy. |
The
agency may charge a reasonable fee for providing the |
copies to cover postage
and handling costs.
|
(d) After the expiration of the second notice period, |
after notification
from the Joint Committee that no objection |
will be issued, or after a
response by the agency to a |
statement of objections issued by the Joint
Committee, |
whichever is applicable, the agency shall file, under Section
|
5-65, a certified copy of each rule, modification, or repeal |
of any rule
adopted by it. The copy shall be published in the |
Illinois Register. Each
rule hereafter adopted under this |
|
Section is effective upon filing unless a
later effective date |
is required by statute or is specified in the
rulemaking.
|
(e) No rule or modification or repeal of any rule may be |
adopted, or filed
with the Secretary of State, more than one |
year after the date the first
notice period for the rulemaking |
under subsection (b) commenced. Any
period during which the |
rulemaking is prohibited from being filed under
Section 5-115 |
shall not be considered in calculating this one-year time |
period.
|
(Source: P.A. 92-330, eff. 1-1-02.)
|
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) |
Sec. 5-45. Emergency rulemaking. |
(a) "Emergency" means the existence of any situation that |
any agency
finds reasonably constitutes a threat to the public |
interest, safety, or
welfare. |
(b) If any agency finds that an
emergency exists that |
requires adoption of a rule upon fewer days than
is required by |
Section 5-40 and states in writing its reasons for that
|
finding, the agency may adopt an emergency rule without prior |
notice or
hearing upon filing a notice of emergency rulemaking |
with the Secretary of
State under Section 5-70. The notice |
shall include the text of the
emergency rule and shall be |
published in the Illinois Register. Consent
orders or other |
court orders adopting settlements negotiated by an agency
may |
be adopted under this Section. Subject to applicable |
|
constitutional or
statutory provisions, an emergency rule |
becomes effective immediately upon
filing under Section 5-65 |
or at a stated date less than 10 days
thereafter. The agency's |
finding and a statement of the specific reasons
for the |
finding shall be filed with the rule. The agency shall take
|
reasonable and appropriate measures to make emergency rules |
known to the
persons who may be affected by them. The agency |
shall accept data, views, arguments, or comments regarding the |
emergency rulemaking from any interested persons. The agency |
shall accept submissions in writing, including submissions by |
email or by other publicly accessible electronic means through |
its website. In the discretion of the agency, submissions may |
be submitted orally. The notice published in the Illinois |
Register shall indicate the manner selected by the agency for |
the submissions, including the email address or website |
address where submissions will be accepted. The agency shall |
consider all submissions received. |
(c) An emergency rule may be effective for a period of not |
longer than
150 days, but the agency's authority to adopt an |
identical rule under Section
5-40 is not precluded. No |
emergency rule may be adopted more
than once in any 24-month |
period, except that this limitation on the number
of emergency |
rules that may be adopted in a 24-month period does not apply
|
to (i) emergency rules that make additions to and deletions |
from the Drug
Manual under Section 5-5.16 of the Illinois |
Public Aid Code or the
generic drug formulary under Section |
|
3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) |
emergency rules adopted by the Pollution Control
Board before |
July 1, 1997 to implement portions of the Livestock Management
|
Facilities Act, (iii) emergency rules adopted by the Illinois |
Department of Public Health under subsections (a) through (i) |
of Section 2 of the Department of Public Health Act when |
necessary to protect the public's health, (iv) emergency rules |
adopted pursuant to subsection (n) of this Section, (v) |
emergency rules adopted pursuant to subsection (o) of this |
Section, or (vi) emergency rules adopted pursuant to |
subsection (c-5) of this Section. 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. |
(c-5) To facilitate the maintenance of the program of |
group health benefits provided to annuitants, survivors, and |
retired employees under the State Employees Group Insurance |
Act of 1971, rules to alter the contributions to be paid by the |
State, annuitants, survivors, retired employees, or any |
combination of those entities, for that program of group |
health benefits, shall be adopted as emergency rules. The |
adoption of those rules shall be considered an emergency and |
necessary for the public interest, safety, and welfare. |
(d) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 1999 budget, |
emergency rules to implement any
provision of Public Act |
90-587 or 90-588
or any other budget initiative for fiscal |
|
year 1999 may be adopted in
accordance with this Section by the |
agency charged with administering that
provision or |
initiative, except that the 24-month limitation on the |
adoption
of emergency rules and the provisions of Sections |
5-115 and 5-125 do not apply
to rules adopted under this |
subsection (d). The adoption of emergency rules
authorized by |
this subsection (d) shall be deemed to be necessary for the
|
public interest, safety, and welfare. |
(e) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2000 budget, |
emergency rules to implement any
provision of Public Act 91-24
|
or any other budget initiative for fiscal year 2000 may be |
adopted in
accordance with this Section by the agency charged |
with administering that
provision or initiative, except that |
the 24-month limitation on the adoption
of emergency rules and |
the provisions of Sections 5-115 and 5-125 do not apply
to |
rules adopted under this subsection (e). The adoption of |
emergency rules
authorized by this subsection (e) shall be |
deemed to be necessary for the
public interest, safety, and |
welfare. |
(f) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2001 budget, |
emergency rules to implement any
provision of Public Act |
91-712
or any other budget initiative for fiscal year 2001 may |
be adopted in
accordance with this Section by the agency |
charged with administering that
provision or initiative, |
|
except that the 24-month limitation on the adoption
of |
emergency rules and the provisions of Sections 5-115 and 5-125 |
do not apply
to rules adopted under this subsection (f). The |
adoption of emergency rules
authorized by this subsection (f) |
shall be deemed to be necessary for the
public interest, |
safety, and welfare. |
(g) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2002 budget, |
emergency rules to implement any
provision of Public Act 92-10
|
or any other budget initiative for fiscal year 2002 may be |
adopted in
accordance with this Section by the agency charged |
with administering that
provision or initiative, except that |
the 24-month limitation on the adoption
of emergency rules and |
the provisions of Sections 5-115 and 5-125 do not apply
to |
rules adopted under this subsection (g). The adoption of |
emergency rules
authorized by this subsection (g) shall be |
deemed to be necessary for the
public interest, safety, and |
welfare. |
(h) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2003 budget, |
emergency rules to implement any
provision of Public Act |
92-597
or any other budget initiative for fiscal year 2003 may |
be adopted in
accordance with this Section by the agency |
charged with administering that
provision or initiative, |
except that the 24-month limitation on the adoption
of |
emergency rules and the provisions of Sections 5-115 and 5-125 |
|
do not apply
to rules adopted under this subsection (h). The |
adoption of emergency rules
authorized by this subsection (h) |
shall be deemed to be necessary for the
public interest, |
safety, and welfare. |
(i) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2004 budget, |
emergency rules to implement any
provision of Public Act 93-20
|
or any other budget initiative for fiscal year 2004 may be |
adopted in
accordance with this Section by the agency charged |
with administering that
provision or initiative, except that |
the 24-month limitation on the adoption
of emergency rules and |
the provisions of Sections 5-115 and 5-125 do not apply
to |
rules adopted under this subsection (i). The adoption of |
emergency rules
authorized by this subsection (i) shall be |
deemed to be necessary for the
public interest, safety, and |
welfare. |
(j) In order to provide for the expeditious and timely |
implementation of the provisions of the State's fiscal year |
2005 budget as provided under the Fiscal Year 2005 Budget |
Implementation (Human Services) Act, emergency rules to |
implement any provision of the Fiscal Year 2005 Budget |
Implementation (Human Services) Act may be adopted in |
accordance with this Section by the agency charged with |
administering that provision, except that the 24-month |
limitation on the adoption of emergency rules and the |
provisions of Sections 5-115 and 5-125 do not apply to rules |
|
adopted under this subsection (j). The Department of Public |
Aid may also adopt rules under this subsection (j) necessary |
to administer the Illinois Public Aid Code and the Children's |
Health Insurance Program Act. The adoption of emergency rules |
authorized by this subsection (j) shall be deemed to be |
necessary for the public interest, safety, and welfare.
|
(k) In order to provide for the expeditious and timely |
implementation of the provisions of the State's fiscal year |
2006 budget, emergency rules to implement any provision of |
Public Act 94-48 or any other budget initiative for fiscal |
year 2006 may be adopted in accordance with this Section by the |
agency charged with administering that provision or |
initiative, except that the 24-month limitation on the |
adoption of emergency rules and the provisions of Sections |
5-115 and 5-125 do not apply to rules adopted under this |
subsection (k). The Department of Healthcare and Family |
Services may also adopt rules under this subsection (k) |
necessary to administer the Illinois Public Aid Code, the |
Senior Citizens and Persons with Disabilities Property Tax |
Relief Act, the Senior Citizens and Disabled Persons |
Prescription Drug Discount Program Act (now the Illinois |
Prescription Drug Discount Program Act), and the Children's |
Health Insurance Program Act. The adoption of emergency rules |
authorized by this subsection (k) shall be deemed to be |
necessary for the public interest, safety, and welfare.
|
(l) In order to provide for the expeditious and timely |
|
implementation of the provisions of the
State's fiscal year |
2007 budget, the Department of Healthcare and Family Services |
may adopt emergency rules during fiscal year 2007, including |
rules effective July 1, 2007, in
accordance with this |
subsection to the extent necessary to administer the |
Department's responsibilities with respect to amendments to |
the State plans and Illinois waivers approved by the federal |
Centers for Medicare and Medicaid Services necessitated by the |
requirements of Title XIX and Title XXI of the federal Social |
Security Act. The adoption of emergency rules
authorized by |
this subsection (l) shall be deemed to be necessary for the |
public interest,
safety, and welfare.
|
(m) In order to provide for the expeditious and timely |
implementation of the provisions of the
State's fiscal year |
2008 budget, the Department of Healthcare and Family Services |
may adopt emergency rules during fiscal year 2008, including |
rules effective July 1, 2008, in
accordance with this |
subsection to the extent necessary to administer the |
Department's responsibilities with respect to amendments to |
the State plans and Illinois waivers approved by the federal |
Centers for Medicare and Medicaid Services necessitated by the |
requirements of Title XIX and Title XXI of the federal Social |
Security Act. The adoption of emergency rules
authorized by |
this subsection (m) shall be deemed to be necessary for the |
public interest,
safety, and welfare.
|
(n) In order to provide for the expeditious and timely |
|
implementation of the provisions of the State's fiscal year |
2010 budget, emergency rules to implement any provision of |
Public Act 96-45 or any other budget initiative authorized by |
the 96th General Assembly for fiscal year 2010 may be adopted |
in accordance with this Section by the agency charged with |
administering that provision or initiative. The adoption of |
emergency rules authorized by this subsection (n) shall be |
deemed to be necessary for the public interest, safety, and |
welfare. The rulemaking authority granted in this subsection |
(n) shall apply only to rules promulgated during Fiscal Year |
2010. |
(o) In order to provide for the expeditious and timely |
implementation of the provisions of the State's fiscal year |
2011 budget, emergency rules to implement any provision of |
Public Act 96-958 or any other budget initiative authorized by |
the 96th General Assembly for fiscal year 2011 may be adopted |
in accordance with this Section by the agency charged with |
administering that provision or initiative. The adoption of |
emergency rules authorized by this subsection (o) is deemed to |
be necessary for the public interest, safety, and welfare. The |
rulemaking authority granted in this subsection (o) applies |
only to rules promulgated on or after July 1, 2010 (the |
effective date of Public Act 96-958) through June 30, 2011. |
(p) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 97-689, |
emergency rules to implement any provision of Public Act |
|
97-689 may be adopted in accordance with this subsection (p) |
by the agency charged with administering that provision or |
initiative. The 150-day limitation of the effective period of |
emergency rules does not apply to rules adopted under this |
subsection (p), and the effective period may continue through |
June 30, 2013. The 24-month limitation on the adoption of |
emergency rules does not apply to rules adopted under this |
subsection (p). The adoption of emergency rules authorized by |
this subsection (p) is deemed to be necessary for the public |
interest, safety, and welfare. |
(q) In order to provide for the expeditious and timely |
implementation of the provisions of Articles 7, 8, 9, 11, and |
12 of Public Act 98-104, emergency rules to implement any |
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 |
may be adopted in accordance with this subsection (q) by the |
agency charged with administering that provision or |
initiative. The 24-month limitation on the adoption of |
emergency rules does not apply to rules adopted under this |
subsection (q). The adoption of emergency rules authorized by |
this subsection (q) is deemed to be necessary for the public |
interest, safety, and welfare. |
(r) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 98-651, |
emergency rules to implement Public Act 98-651 may be adopted |
in accordance with this subsection (r) by the Department of |
Healthcare and Family Services. The 24-month limitation on the |
|
adoption of emergency rules does not apply to rules adopted |
under this subsection (r). The adoption of emergency rules |
authorized by this subsection (r) is deemed to be necessary |
for the public interest, safety, and welfare. |
(s) In order to provide for the expeditious and timely |
implementation of the provisions of Sections 5-5b.1 and 5A-2 |
of the Illinois Public Aid Code, emergency rules to implement |
any provision of Section 5-5b.1 or Section 5A-2 of the |
Illinois Public Aid Code may be adopted in accordance with |
this subsection (s) by the Department of Healthcare and Family |
Services. The rulemaking authority granted in this subsection |
(s) shall apply only to those rules adopted prior to July 1, |
2015. Notwithstanding any other provision of this Section, any |
emergency rule adopted under this subsection (s) shall only |
apply to payments made for State fiscal year 2015. The |
adoption of emergency rules authorized by this subsection (s) |
is deemed to be necessary for the public interest, safety, and |
welfare. |
(t) In order to provide for the expeditious and timely |
implementation of the provisions of Article II of Public Act |
99-6, emergency rules to implement the changes made by Article |
II of Public Act 99-6 to the Emergency Telephone System Act may |
be adopted in accordance with this subsection (t) by the |
Department of State Police. The rulemaking authority granted |
in this subsection (t) shall apply only to those rules adopted |
prior to July 1, 2016. The 24-month limitation on the adoption |
|
of emergency rules does not apply to rules adopted under this |
subsection (t). The adoption of emergency rules authorized by |
this subsection (t) is deemed to be necessary for the public |
interest, safety, and welfare. |
(u) In order to provide for the expeditious and timely |
implementation of the provisions of the Burn Victims Relief |
Act, emergency rules to implement any provision of the Act may |
be adopted in accordance with this subsection (u) by the |
Department of Insurance. The rulemaking authority granted in |
this subsection (u) shall apply only to those rules adopted |
prior to December 31, 2015. The adoption of emergency rules |
authorized by this subsection (u) is deemed to be necessary |
for the public interest, safety, and welfare. |
(v) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 99-516, |
emergency rules to implement Public Act 99-516 may be adopted |
in accordance with this subsection (v) by the Department of |
Healthcare and Family Services. The 24-month limitation on the |
adoption of emergency rules does not apply to rules adopted |
under this subsection (v). The adoption of emergency rules |
authorized by this subsection (v) is deemed to be necessary |
for the public interest, safety, and welfare. |
(w) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 99-796, |
emergency rules to implement the changes made by Public Act |
99-796 may be adopted in accordance with this subsection (w) |
|
by the Adjutant General. The adoption of emergency rules |
authorized by this subsection (w) is deemed to be necessary |
for the public interest, safety, and welfare. |
(x) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 99-906, |
emergency rules to implement subsection (i) of Section |
16-115D, subsection (g) of Section 16-128A, and subsection (a) |
of Section 16-128B of the Public Utilities Act may be adopted |
in accordance with this subsection (x) by the Illinois |
Commerce Commission. The rulemaking authority granted in this |
subsection (x) shall apply only to those rules adopted within |
180 days after June 1, 2017 (the effective date of Public Act |
99-906). The adoption of emergency rules authorized by this |
subsection (x) is deemed to be necessary for the public |
interest, safety, and welfare. |
(y) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 100-23, |
emergency rules to implement the changes made by Public Act |
100-23 to Section 4.02 of the Illinois Act on the Aging, |
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, |
Section 55-30 of the Alcoholism and Other Drug Abuse and |
Dependency Act, and Sections 74 and 75 of the Mental Health and |
Developmental Disabilities Administrative Act may be adopted |
in accordance with this subsection (y) by the respective |
Department. The adoption of emergency rules authorized by this |
subsection (y) is deemed to be necessary for the public |
|
interest, safety, and welfare. |
(z) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 100-554, |
emergency rules to implement the changes made by Public Act |
100-554 to Section 4.7 of the Lobbyist Registration Act may be |
adopted in accordance with this subsection (z) by the |
Secretary of State. The adoption of emergency rules authorized |
by this subsection (z) is deemed to be necessary for the public |
interest, safety, and welfare. |
(aa) In order to provide for the expeditious and timely |
initial implementation of the changes made to Articles 5, 5A, |
12, and 14 of the Illinois Public Aid Code under the provisions |
of Public Act 100-581, the Department of Healthcare and Family |
Services may adopt emergency rules in accordance with this |
subsection (aa). The 24-month limitation on the adoption of |
emergency rules does not apply to rules to initially implement |
the changes made to Articles 5, 5A, 12, and 14 of the Illinois |
Public Aid Code adopted under this subsection (aa). The |
adoption of emergency rules authorized by this subsection (aa) |
is deemed to be necessary for the public interest, safety, and |
welfare. |
(bb) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 100-587, |
emergency rules to implement the changes made by Public Act |
100-587 to Section 4.02 of the Illinois Act on the Aging, |
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, |
|
subsection (b) of Section 55-30 of the Alcoholism and Other |
Drug Abuse and Dependency Act, Section 5-104 of the |
Specialized Mental Health Rehabilitation Act of 2013, and |
Section 75 and subsection (b) of Section 74 of the Mental |
Health and Developmental Disabilities Administrative Act may |
be adopted in accordance with this subsection (bb) by the |
respective Department. The adoption of emergency rules |
authorized by this subsection (bb) is deemed to be necessary |
for the public interest, safety, and welfare. |
(cc) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 100-587, |
emergency rules may be adopted in accordance with this |
subsection (cc) to implement the changes made by Public Act |
100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois |
Pension Code by the Board created under Article 14 of the Code; |
Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by |
the Board created under Article 15 of the Code; and Sections |
16-190.5 and 16-190.6 of the Illinois Pension Code by the |
Board created under Article 16 of the Code. The adoption of |
emergency rules authorized by this subsection (cc) is deemed |
to be necessary for the public interest, safety, and welfare. |
(dd) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 100-864, |
emergency rules to implement the changes made by Public Act |
100-864 to Section 3.35 of the Newborn Metabolic Screening Act |
may be adopted in accordance with this subsection (dd) by the |
|
Secretary of State. The adoption of emergency rules authorized |
by this subsection (dd) is deemed to be necessary for the |
public interest, safety, and welfare. |
(ee) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 100-1172, |
emergency rules implementing the Illinois Underground Natural |
Gas Storage Safety Act may be adopted in accordance with this |
subsection by the Department of Natural Resources. The |
adoption of emergency rules authorized by this subsection is |
deemed to be necessary for the public interest, safety, and |
welfare. |
(ff) In order to provide for the expeditious and timely |
initial implementation of the changes made to Articles 5A and |
14 of the Illinois Public Aid Code under the provisions of |
Public Act 100-1181, the Department of Healthcare and Family |
Services may on a one-time-only basis adopt emergency rules in |
accordance with this subsection (ff). The 24-month limitation |
on the adoption of emergency rules does not apply to rules to |
initially implement the changes made to Articles 5A and 14 of |
the Illinois Public Aid Code adopted under this subsection |
(ff). The adoption of emergency rules authorized by this |
subsection (ff) is deemed to be necessary for the public |
interest, safety, and welfare. |
(gg) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 101-1, |
emergency rules may be adopted by the Department of Labor in |
|
accordance with this subsection (gg) to implement the changes |
made by Public Act 101-1 to the Minimum Wage Law. The adoption |
of emergency rules authorized by this subsection (gg) is |
deemed to be necessary for the public interest, safety, and |
welfare. |
(hh) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 101-10, |
emergency rules may be adopted in accordance with this |
subsection (hh) to implement the changes made by Public Act |
101-10 to subsection (j) of Section 5-5.2 of the Illinois |
Public Aid Code. The adoption of emergency rules authorized by |
this subsection (hh) is deemed to be necessary for the public |
interest, safety, and welfare. |
(ii) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 101-10, |
emergency rules to implement the changes made by Public Act |
101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid |
Code may be adopted in accordance with this subsection (ii) by |
the Department of Public Health. The adoption of emergency |
rules authorized by this subsection (ii) is deemed to be |
necessary for the public interest, safety, and welfare. |
(jj) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 101-10, |
emergency rules to implement the changes made by Public Act |
101-10 to Section 74 of the Mental Health and Developmental |
Disabilities Administrative Act may be adopted in accordance |
|
with this subsection (jj) by the Department of Human Services. |
The adoption of emergency rules authorized by this subsection |
(jj) is deemed to be necessary for the public interest, |
safety, and welfare. |
(kk) In order to provide for the expeditious and timely |
implementation of the Cannabis Regulation and Tax Act, Public |
Act 101-27, and Public Act 102-98, the Department of Revenue, |
the Department of Public Health, the Department of |
Agriculture, the Department of State Police, and the |
Department of Financial and Professional Regulation may adopt |
emergency rules in accordance with this subsection (kk). The |
rulemaking authority granted in this subsection (kk) shall |
apply only to rules adopted before December 31, 2021. |
Notwithstanding the provisions of subsection (c), emergency |
rules adopted under this subsection (kk) shall be effective |
for 180 days. The adoption of emergency rules authorized by |
this subsection (kk) is deemed to be necessary for the public |
interest, safety, and welfare. |
(ll) In order to provide for the expeditious and timely |
implementation of the provisions of the Leveling the Playing |
Field for Illinois Retail Act, emergency rules may be adopted |
in accordance with this subsection (ll) to implement the |
changes made by the Leveling the Playing Field for Illinois |
Retail Act. The adoption of emergency rules authorized by this |
subsection (ll) is deemed to be necessary for the public |
interest, safety, and welfare. |
|
(mm) In order to provide for the expeditious and timely |
implementation of the provisions of Section 25-70 of the |
Sports Wagering Act, emergency rules to implement Section |
25-70 of the Sports Wagering Act may be adopted in accordance |
with this subsection (mm) by the Department of the Lottery as |
provided in the Sports Wagering Act. The adoption of emergency |
rules authorized by this subsection (mm) is deemed to be |
necessary for the public interest, safety, and welfare. |
(nn) In order to provide for the expeditious and timely |
implementation of the Sports Wagering Act, emergency rules to |
implement the Sports Wagering Act may be adopted in accordance |
with this subsection (nn) by the Illinois Gaming Board. The |
adoption of emergency rules authorized by this subsection (nn) |
is deemed to be necessary for the public interest, safety, and |
welfare. |
(oo) In order to provide for the expeditious and timely |
implementation of the provisions of subsection (c) of Section |
20 of the Video Gaming Act, emergency rules to implement the |
provisions of subsection (c) of Section 20 of the Video Gaming |
Act may be adopted in accordance with this subsection (oo) by |
the Illinois Gaming Board. The adoption of emergency rules |
authorized by this subsection (oo) is deemed to be necessary |
for the public interest, safety, and welfare. |
(pp) In order to provide for the expeditious and timely
|
implementation of the provisions of Section 50 of the Sexual
|
Assault Evidence Submission Act, emergency rules to implement
|
|
Section 50 of the Sexual Assault Evidence Submission Act may |
be
adopted in accordance with this subsection (pp) by the
|
Department of State Police. The adoption of emergency rules
|
authorized by this subsection (pp) is deemed to be necessary
|
for the public interest, safety, and welfare. |
(qq) In order to provide for the expeditious and timely |
implementation of the provisions of the Illinois Works Jobs |
Program Act, emergency rules may be adopted in accordance with |
this subsection (qq) to implement the Illinois Works Jobs |
Program Act. The adoption of emergency rules authorized by |
this subsection (qq) is deemed to be necessary for the public |
interest, safety, and welfare. |
(rr) In order to provide for the expeditious and timely |
implementation of the provisions of subsection (c) of Section |
2-3.130 of the School Code, emergency rules to implement |
subsection (c) of Section 2-3.130 of the School Code may be |
adopted in accordance with this subsection (rr) by the State |
Board of Education. The adoption of emergency rules authorized |
by this subsection (rr) is deemed to be necessary for the |
public interest, safety, and welfare. |
(Source: P.A. 101-1, eff. 2-19-19; 101-10, Article 20, Section |
20-5, eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. |
6-5-19; 101-27, eff. 6-25-19; 101-31, Article 15, Section |
15-5, eff. 6-28-19; 101-31, Article 25, Section 25-900, eff. |
6-28-19; 101-31, Article 35, Section 35-3, eff. 6-28-19; |
101-377, eff. 8-16-19; 101-601, eff. 12-10-19; 102-98, eff. |
|
7-15-21; 102-339, eff. 8-13-21; 102-813, eff. 5-13-22.)
|
(5 ILCS 100/5-50) (from Ch. 127, par. 1005-50)
|
Sec. 5-50. Peremptory rulemaking. "Peremptory rulemaking" |
means any
rulemaking that is required as a result of federal |
law, federal rules and
regulations, an order of a court, or a |
collective bargaining agreement
pursuant to subsection (d) of |
Section 1-5, under conditions that preclude
compliance with |
the general rulemaking requirements imposed by Section 5-40
|
and that preclude the exercise of discretion by the agency as |
to the
content of the rule it is required to adopt. Peremptory |
rulemaking shall
not be used to implement consent orders or |
other court orders adopting
settlements negotiated by the |
agency. If any agency finds that peremptory
rulemaking is |
necessary and states in writing its reasons for that finding,
|
the agency may adopt peremptory rulemaking upon filing a |
notice of
rulemaking with the Secretary of State under Section |
5-70. The notice shall
be published in the Illinois Register. |
The agency shall accept data, views, arguments, or comments |
regarding the peremptory rulemaking. The agency shall accept |
submissions in writing, including submissions by email or by |
other publicly accessible electronic means through its |
website. In the discretion of the agency, submissions may be |
submitted orally. The notice published in the Illinois |
Register shall indicate the manner selected by the agency for |
the submissions, including the email address or website |
|
address where submissions will be accepted. The agency shall |
consider all submissions received. A rule adopted under the |
peremptory
rulemaking provisions of this Section becomes |
effective immediately upon
filing with the Secretary of State |
and in the agency's principal office, or
at a date required or |
authorized by the relevant federal law, federal rules
and |
regulations, or court order, as stated in the notice of |
rulemaking.
Notice of rulemaking under this Section shall be |
published in the Illinois
Register, shall specifically refer |
to the appropriate State or federal
court order or federal |
law, rules, and regulations, and shall be in a form
as the |
Secretary of State may reasonably prescribe by rule. The |
agency
shall file the notice of peremptory rulemaking within |
30 days after a
change in rules is required.
|
The Department of Healthcare and Family Services may adopt |
peremptory rulemaking under the terms and conditions of this |
Section to implement final payments included in a State |
Medicaid Plan Amendment approved by the Centers for Medicare |
and Medicaid Services of the United States Department of |
Health and Human Services and authorized under Section 5A-12.2 |
of the Illinois Public Aid Code, and to adjust hospital |
provider assessments as Medicaid Provider-Specific Taxes |
permitted by Title XIX of the federal Social Security Act and |
authorized under Section 5A-2 of the Illinois Public Aid Code. |
(Source: P.A. 95-859, eff. 8-19-08.)
|
|
(5 ILCS 100/5-60) (from Ch. 127, par. 1005-60)
|
Sec. 5-60. Regulatory agenda. An agency shall submit for |
publication in
the Illinois Register by January 1 and July 1 of |
each year a regulatory
agenda to elicit public comments |
concerning any rule that the agency is
considering proposing |
but for which no notice of proposed rulemaking activity
has |
been submitted to the Illinois Register. 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 agency 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 agency anticipates submitting a |
notice of proposed
rulemaking activity, if known.
|
(5) The name, address, email address, and telephone |
number of the agency 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, not
for profit corporations, or small |
municipalities as defined in this Act.
|
(7) Any other information that may serve the public |
|
interest.
|
Nothing in this Section shall preclude an agency 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 agency head's
best judgment it |
is necessary. If an agency 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 filing the notice of proposed rulemaking
with the |
Secretary of State under Section 5-40. Nothing in this Section |
shall
require an agency to adopt a rule summarized in a |
regulatory agenda. The
Secretary of State shall adopt rules |
necessary for the publication of a
regulatory agenda, |
including but not limited to standard submission forms and
|
deadlines.
|
(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
|
(5 ILCS 100/5-65) (from Ch. 127, par. 1005-65)
|
Sec. 5-65. Filing of rules.
|
(a) Each agency shall file in the office of the Secretary |
of State and
in the agency's principal office a certified copy |
of each rule and
modification or repeal of any rule adopted by |
it. The Secretary of State
and the agency shall each keep a |
permanent register of the rules open to
public inspection.
|
Whenever a rule or modification or repeal of any rule is |
|
filed with
the Secretary of State, the Secretary shall send a |
certified copy of the
rule, modification or repeal, within 3 |
working days after it is filed, to
the Joint Committee on |
Administrative Rules.
|
(b) Concurrent with the filing of any rule under this |
Section,
the filing agency shall submit to the Secretary of |
State for publication
in the next available issue of the |
Illinois Register a notice of adopted
rules. The notice shall |
include the following:
|
(1) The text of the adopted rule, including the full |
text of
the new rule (if the material is a new rule), the |
full text
of the rule or rules as amended (if the material |
is an amendment to a
rule or rules), or the notice of |
repeal (if the material is a repealer).
|
(2) The name, address, email address, and telephone |
number of an individual who will
be available to answer |
questions and provide information to the public
concerning |
the adopted rules.
|
(3) Other information that the Secretary of State may |
by rule require
in the interest of informing the public.
|
(Source: P.A. 87-823; 87-830; 87-895.)
|
Section 10. The Uniform Electronic Transactions Act is |
amended by changing Section 18 as follows:
|
(815 ILCS 333/18)
|
|
Sec. 18. Acceptance and distribution of
electronic records |
by governmental agencies.
|
(a) Except as otherwise provided in Section 12(f), each |
governmental agency of this State shall determine whether, and |
the extent to which, it will send and accept electronic |
records and electronic signatures to and from other persons |
and otherwise create, generate, communicate, store, process, |
use, and rely upon electronic records and electronic |
signatures. |
(b) To the extent that a governmental agency uses |
electronic records and electronic signatures under subsection |
(a), the Department of Innovation and Technology and the |
Secretary of State, pursuant to their rulemaking authority |
under other law and giving due consideration to security, |
shall, no later than 6 months after the effective date of this |
amendatory Act of the 103rd General Assembly, adopt |
administrative rules that may specify: |
(1) the manner and format in which the electronic |
records must be created, generated, sent, communicated, |
received, and stored and the systems established for those |
purposes; |
(2) if electronic records must be signed by electronic |
means, the type of electronic signature required, the |
manner and format in which the electronic signature must |
be affixed to the electronic record, and the identity of, |
or criteria that must be met by, any third party used by a |
|
person filing a document to facilitate the process; |
(3) control processes and procedures as appropriate to |
ensure adequate preservation, disposition, integrity, |
security, confidentiality, and auditability of electronic |
records; and |
(4) any other required attributes for electronic |
records which are specified for corresponding |
nonelectronic records or reasonably necessary under the |
circumstances. |
(c) Except as otherwise provided in Section 12(f), this |
Act does not require a governmental agency of this State to use |
or permit the use of electronic records or electronic |
signatures.
|
(Source: P.A. 102-38, eff. 6-25-21.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
