Bill Text: IL SB2063 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Unbalanced Budget Response Act. Provides authority and procedures for the Governor to establish contingency reserves of previously appropriated funds, and to transfer balances between special funds in the State treasury and the General Revenue Fund. Describes the agencies and programs subject to this authority. Provides that designated agencies may adopt emergency rules to carry out the purposes of the Act. Defines terms. Provides that the Act is repealed on July 1, 2018. Amends the Illinois Administrative Procedure Act to make conforming changes. Amends the Illinois Public Aid Code. Adds actions taken under the Unbalanced Budget Response Act to a Section relating to applicability. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-10-10 - Chief Sponsor Changed to Sen. William E. Brady [SB2063 Detail]

Download: Illinois-2017-SB2063-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2063

Introduced 2/10/2017, by Sen. Christine Radogno

SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 100/5-45 from Ch. 127, par. 1005-45
305 ILCS 5/5A-10 from Ch. 23, par. 5A-10
30 ILCS 805/8.41 new

Creates the Unbalanced Budget Response Act. Provides authority and procedures for the Governor to establish contingency reserves of previously appropriated funds, and to transfer balances between special funds in the State treasury and the General Revenue Fund. Describes the agencies and programs subject to this authority. Provides that designated agencies may adopt emergency rules to carry out the purposes of the Act. Defines terms. Provides that the Act is repealed on July 1, 2018. Amends the Illinois Administrative Procedure Act to make conforming changes. Amends the Illinois Public Aid Code. Adds actions taken under the Unbalanced Budget Response Act to a Section relating to applicability. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
LRB100 11442 JWD 21874 b
FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

SB2063LRB100 11442 JWD 21874 b
1 AN ACT concerning finance.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Unbalanced Budget Response Act.
6 Section 5. Legislative intent. The State is currently
7confronted with an unprecedented fiscal crisis. Although the
8Constitution of the State of Illinois requires that spending
9not exceed available revenues, the State is currently spending
10in excess of estimated revenues during fiscal year 2017, which
11is significantly increasing the backlog of unpaid bills.
12Without substantial corrective action taken by the General
13Assembly, the fiscal year 2018 budget will also be unbalanced.
14This Act is to be liberally construed and interpreted in a
15manner that allows the State to address the fiscal crisis for
16fiscal years 2017 and 2018.
17 Section 10. Definitions. As used in this Act, "agency"
18includes all officers, boards, commissions, departments, and
19agencies of the executive branch of the State government
20created by the Constitution, statute, or Executive Order,
21including, but not limited to, public institutions of higher
22education (as defined in the Board of Higher Education Act).

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1 Section 15. Designation of contingency reserves. For the
2purposes of balancing the State's budget, the Governor may
3designate, by written notice to the Comptroller, a contingency
4reserve from the amounts appropriated from funds held by the
5Treasurer for the State's fiscal years 2017 and 2018 to any
6agency, including without limitation amounts appropriated
7pursuant to a statutory continuing appropriation; provided,
8however, that the Governor may not designate amounts to be set
9aside as a contingency reserve from amounts that have been
10appropriated for (i) payment of debt service, (ii) to the State
11Board of Education for general State aid to the common schools
12pursuant to Section 18-8.05 of the School Code, or (iii) to the
13State Board of Education for grants or aid for early childhood
14education.
15 Section 20. Fund transfers. Notwithstanding any other
16provision of law, for the State's fiscal years 2017 and 2018:
17 (a) at the direction of and upon notification from the
18Governor, the Comptroller shall direct and the Treasurer shall
19transfer an amount specified by the Governor from any fund held
20by the Treasurer to any general fund held by the Treasurer;
21provided, however, that no transfer may be made out of: (i) any
22federal trust fund; (ii) any amount set aside for payment of
23debt service; (iii) amounts held in investments or cash by the
24State retirement systems governed by Articles 2, 14, 15, 16, or

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118 of the Illinois Pension Code; or (iv) the Road Fund; and
2 (b) the Governor, by written notice to the Comptroller, may
3modify statutory transfers out of any fund held by the
4Treasurer, and the Comptroller and the Treasurer shall give
5effect to any such modification; provided, however, that no
6modification may be made to statutory transfers out of a
7general fund (i) for payment of debt service, or (ii) to the
8Road Fund.
9 No transfer made pursuant to this Section may reduce the
10cumulative balance of all of the funds held by the Treasurer to
11an amount less than the total debt service payable during the
1212 months immediately following the date of the transfer on any
13bonded indebtedness of the State and any certificates issued
14under the Short Term Borrowing Act. If the Director of the
15Governor's Office of Management and Budget determines that any
16transfer to the general funds from any of the funds from which
17moneys have been transferred under this Section either (i)
18jeopardizes federal funding based on a written communication
19from a federal official or (ii) violates an order of a court of
20competent jurisdiction, then the Director may order the
21Treasurer and Comptroller, in writing, to transfer from the
22General Revenue Fund to that fund all or part of the amounts
23transferred from that fund under this Section.
24 Section 25. Payment rate modifications. Notwithstanding
25any other provision of law, for the State's fiscal years 2017

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1and 2018, the Governor may modify any rate for payments made by
2an agency to providers of services.
3 Section 30. Limitations; notice.
4 (a) The sum of contingency reserves designated pursuant to
5Section 15, transfers made pursuant to subsection (a) of
6Section 20, modifications to transfers pursuant to subsection
7(b) of Section 20, savings to be realized by the State due to
8payment rate modifications pursuant to Section 25, and the
9value of payments delayed pursuant to Section 35 shall not
10exceed for each fiscal year the amount by which total State
11spending for that fiscal year is estimated to exceed available
12revenues for that fiscal year, as determined by the Governor's
13Office of Management and Budget.
14 (b) The Governor shall provide notice of each contingency
15reserve designated pursuant to Section 15, transfer made
16pursuant to subsection (a) of Section 20, modification to
17transfers pursuant to subsection (b) of Section 20, payment
18rate modification pursuant to Section 25, and direction to
19delay payments pursuant to Section 35 within 10 business days
20after the action is taken to the Clerk of the House of
21Representatives, the Secretary of the Senate, the Commission on
22Government Forecasting and Accountability, the Comptroller,
23and the Treasurer. A copy of such notices, or a cumulative
24summary of the actions taken, shall be posted on a public
25website maintained by the Governor's Office of Management and

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1Budget.
2 Section 35. Delay in payments under continuing
3appropriations. Notwithstanding any other law, payments under
4any statutory continuing appropriation for the State's fiscal
5years 2017 and 2018 may be delayed upon written direction of
6the Governor to the Comptroller, provided however that the
7Governor may not direct any delay in the payment of debt
8service. Notwithstanding any provision of the State Finance Act
9or other law to the contrary, any payment delayed under this
10Section may be paid out of the next fiscal year's
11appropriation.
12 Section 40. Emergency rules. Notwithstanding any other
13provision of law, the Department on Aging, the Department of
14Children and Family Services, the Department of Healthcare and
15Family Services, the Department of Human Services, and the
16Department of Public Health may each adopt emergency rules
17pursuant to subsection (v) of Section 5-45 of the Illinois
18Administrative Procedure Act to limit, reduce, or adjust
19services, payment rates, expenditures, transfers of funds, and
20eligibility criteria, to the extent permitted by federal law,
21as necessary to implement (i) the State's fiscal years 2017 and
222018 budgets, (ii) any contingency reserves designated by the
23Governor pursuant to Section 15, (iii) any transfer of balances
24or modification of statutory transfers pursuant to Section 20

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1affecting State funds designated for use by the agency, or (iv)
2modifications made by the Governor pursuant to Section 25. The
3effectiveness of any such emergency rule, and any such
4adjustment, reduction, or limitation made pursuant thereto,
5shall expire on July 1, 2018. Nothing in this Section shall
6require rulemaking if the limitation, reduction, or adjustment
7would otherwise be within the authority of the agency without
8rulemaking.
9 Section 45. Repeal. This Act is repealed on July 1, 2018.
10 Section 105. The Illinois Administrative Procedure Act is
11amended by changing Section 5-45 as follows:
12 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
13 (Text of Section before amendment by P.A. 99-906)
14 Sec. 5-45. Emergency rulemaking.
15 (a) "Emergency" means the existence of any situation that
16any agency finds reasonably constitutes a threat to the public
17interest, safety, or welfare.
18 (b) If any agency finds that an emergency exists that
19requires adoption of a rule upon fewer days than is required by
20Section 5-40 and states in writing its reasons for that
21finding, the agency may adopt an emergency rule without prior
22notice or hearing upon filing a notice of emergency rulemaking
23with the Secretary of State under Section 5-70. The notice

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1shall include the text of the emergency rule and shall be
2published in the Illinois Register. Consent orders or other
3court orders adopting settlements negotiated by an agency may
4be adopted under this Section. Subject to applicable
5constitutional or statutory provisions, an emergency rule
6becomes effective immediately upon filing under Section 5-65 or
7at a stated date less than 10 days thereafter. The agency's
8finding and a statement of the specific reasons for the finding
9shall be filed with the rule. The agency shall take reasonable
10and appropriate measures to make emergency rules known to the
11persons who may be affected by them.
12 (c) An emergency rule may be effective for a period of not
13longer than 150 days, but the agency's authority to adopt an
14identical rule under Section 5-40 is not precluded. No
15emergency rule may be adopted more than once in any 24-month 24
16month period, except that this limitation on the number of
17emergency rules that may be adopted in a 24-month 24 month
18period does not apply to (i) emergency rules that make
19additions to and deletions from the Drug Manual under Section
205-5.16 of the Illinois Public Aid Code or the generic drug
21formulary under Section 3.14 of the Illinois Food, Drug and
22Cosmetic Act, (ii) emergency rules adopted by the Pollution
23Control Board before July 1, 1997 to implement portions of the
24Livestock Management Facilities Act, (iii) emergency rules
25adopted by the Illinois Department of Public Health under
26subsections (a) through (i) of Section 2 of the Department of

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1Public Health Act when necessary to protect the public's
2health, (iv) emergency rules adopted pursuant to subsection (n)
3of this Section, (v) emergency rules adopted pursuant to
4subsection (o) of this Section, or (vi) emergency rules adopted
5pursuant to subsection (c-5) of this Section, or (vii)
6emergency rules adopted pursuant to subsection (v) of this
7Section. Two or more emergency rules having substantially the
8same purpose and effect shall be deemed to be a single rule for
9purposes of this Section.
10 (c-5) To facilitate the maintenance of the program of group
11health benefits provided to annuitants, survivors, and retired
12employees under the State Employees Group Insurance Act of
131971, rules to alter the contributions to be paid by the State,
14annuitants, survivors, retired employees, or any combination
15of those entities, for that program of group health benefits,
16shall be adopted as emergency rules. The adoption of those
17rules shall be considered an emergency and necessary for the
18public interest, safety, and welfare.
19 (d) In order to provide for the expeditious and timely
20implementation of the State's fiscal year 1999 budget,
21emergency rules to implement any provision of Public Act 90-587
22or 90-588 or any other budget initiative for fiscal year 1999
23may be adopted in accordance with this Section by the agency
24charged with administering that provision or initiative,
25except that the 24-month limitation on the adoption of
26emergency rules and the provisions of Sections 5-115 and 5-125

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

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

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1 (i) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2004 budget,
3emergency rules to implement any provision of Public Act 93-20
4or any other budget initiative for fiscal year 2004 may be
5adopted in accordance with this Section by the agency charged
6with administering that provision or initiative, except that
7the 24-month limitation on the adoption of emergency rules and
8the provisions of Sections 5-115 and 5-125 do not apply to
9rules adopted under this subsection (i). The adoption of
10emergency rules authorized by this subsection (i) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13 (j) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152005 budget as provided under the Fiscal Year 2005 Budget
16Implementation (Human Services) Act, emergency rules to
17implement any provision of the Fiscal Year 2005 Budget
18Implementation (Human Services) Act may be adopted in
19accordance with this Section by the agency charged with
20administering that provision, except that the 24-month
21limitation on the adoption of emergency rules and the
22provisions of Sections 5-115 and 5-125 do not apply to rules
23adopted under this subsection (j). The Department of Public Aid
24may also adopt rules under this subsection (j) necessary to
25administer the Illinois Public Aid Code and the Children's
26Health Insurance Program Act. The adoption of emergency rules

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1authorized by this subsection (j) shall be deemed to be
2necessary for the public interest, safety, and welfare.
3 (k) In order to provide for the expeditious and timely
4implementation of the provisions of the State's fiscal year
52006 budget, emergency rules to implement any provision of
6Public Act 94-48 or any other budget initiative for fiscal year
72006 may be adopted in accordance with this Section by the
8agency charged with administering that provision or
9initiative, except that the 24-month limitation on the adoption
10of emergency rules and the provisions of Sections 5-115 and
115-125 do not apply to rules adopted under this subsection (k).
12The Department of Healthcare and Family Services may also adopt
13rules under this subsection (k) necessary to administer the
14Illinois Public Aid Code, the Senior Citizens and Persons with
15Disabilities Property Tax Relief Act, the Senior Citizens and
16Disabled Persons Prescription Drug Discount Program Act (now
17the Illinois Prescription Drug Discount Program Act), and the
18Children's Health Insurance Program Act. The adoption of
19emergency rules authorized by this subsection (k) shall be
20deemed to be necessary for the public interest, safety, and
21welfare.
22 (l) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242007 budget, the Department of Healthcare and Family Services
25may adopt emergency rules during fiscal year 2007, including
26rules effective July 1, 2007, in accordance with this

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1subsection to the extent necessary to administer the
2Department's responsibilities with respect to amendments to
3the State plans and Illinois waivers approved by the federal
4Centers for Medicare and Medicaid Services necessitated by the
5requirements of Title XIX and Title XXI of the federal Social
6Security Act. The adoption of emergency rules authorized by
7this subsection (l) shall be deemed to be necessary for the
8public interest, safety, and welfare.
9 (m) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112008 budget, the Department of Healthcare and Family Services
12may adopt emergency rules during fiscal year 2008, including
13rules effective July 1, 2008, in accordance with this
14subsection to the extent necessary to administer the
15Department's responsibilities with respect to amendments to
16the State plans and Illinois waivers approved by the federal
17Centers for Medicare and Medicaid Services necessitated by the
18requirements of Title XIX and Title XXI of the federal Social
19Security Act. The adoption of emergency rules authorized by
20this subsection (m) shall be deemed to be necessary for the
21public interest, safety, and welfare.
22 (n) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242010 budget, emergency rules to implement any provision of
25Public Act 96-45 or any other budget initiative authorized by
26the 96th General Assembly for fiscal year 2010 may be adopted

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1in accordance with this Section by the agency charged with
2administering that provision or initiative. The adoption of
3emergency rules authorized by this subsection (n) shall be
4deemed to be necessary for the public interest, safety, and
5welfare. The rulemaking authority granted in this subsection
6(n) shall apply only to rules promulgated during Fiscal Year
72010.
8 (o) In order to provide for the expeditious and timely
9implementation of the provisions of the State's fiscal year
102011 budget, emergency rules to implement any provision of
11Public Act 96-958 or any other budget initiative authorized by
12the 96th General Assembly for fiscal year 2011 may be adopted
13in accordance with this Section by the agency charged with
14administering that provision or initiative. The adoption of
15emergency rules authorized by this subsection (o) is deemed to
16be necessary for the public interest, safety, and welfare. The
17rulemaking authority granted in this subsection (o) applies
18only to rules promulgated on or after July 1, 2010 (the
19effective date of Public Act 96-958) through June 30, 2011.
20 (p) In order to provide for the expeditious and timely
21implementation of the provisions of Public Act 97-689,
22emergency rules to implement any provision of Public Act 97-689
23may be adopted in accordance with this subsection (p) by the
24agency charged with administering that provision or
25initiative. The 150-day limitation of the effective period of
26emergency rules does not apply to rules adopted under this

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1subsection (p), and the effective period may continue through
2June 30, 2013. The 24-month limitation on the adoption of
3emergency rules does not apply to rules adopted under this
4subsection (p). The adoption of emergency rules authorized by
5this subsection (p) is deemed to be necessary for the public
6interest, safety, and welfare.
7 (q) In order to provide for the expeditious and timely
8implementation of the provisions of Articles 7, 8, 9, 11, and
912 of Public Act 98-104, emergency rules to implement any
10provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
11may be adopted in accordance with this subsection (q) by the
12agency charged with administering that provision or
13initiative. The 24-month limitation on the adoption of
14emergency rules does not apply to rules adopted under this
15subsection (q). The adoption of emergency rules authorized by
16this subsection (q) is deemed to be necessary for the public
17interest, safety, and welfare.
18 (r) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 98-651,
20emergency rules to implement Public Act 98-651 may be adopted
21in accordance with this subsection (r) by the Department of
22Healthcare and Family Services. The 24-month limitation on the
23adoption of emergency rules does not apply to rules adopted
24under this subsection (r). The adoption of emergency rules
25authorized by this subsection (r) is deemed to be necessary for
26the public interest, safety, and welfare.

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1 (s) In order to provide for the expeditious and timely
2implementation of the provisions of Sections 5-5b.1 and 5A-2 of
3the Illinois Public Aid Code, emergency rules to implement any
4provision of Section 5-5b.1 or Section 5A-2 of the Illinois
5Public Aid Code may be adopted in accordance with this
6subsection (s) by the Department of Healthcare and Family
7Services. The rulemaking authority granted in this subsection
8(s) shall apply only to those rules adopted prior to July 1,
92015. Notwithstanding any other provision of this Section, any
10emergency rule adopted under this subsection (s) shall only
11apply to payments made for State fiscal year 2015. The adoption
12of emergency rules authorized by this subsection (s) is deemed
13to be necessary for the public interest, safety, and welfare.
14 (t) In order to provide for the expeditious and timely
15implementation of the provisions of Article II of Public Act
1699-6, emergency rules to implement the changes made by Article
17II of Public Act 99-6 to the Emergency Telephone System Act may
18be adopted in accordance with this subsection (t) by the
19Department of State Police. The rulemaking authority granted in
20this subsection (t) shall apply only to those rules adopted
21prior to July 1, 2016. The 24-month limitation on the adoption
22of emergency rules does not apply to rules adopted under this
23subsection (t). The adoption of emergency rules authorized by
24this subsection (t) is deemed to be necessary for the public
25interest, safety, and welfare.
26 (u) In order to provide for the expeditious and timely

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

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1(v) is deemed to be necessary for the public interest, safety,
2and welfare.
3 (y) In order to provide for the expeditious and timely
4implementation of the provisions of the State's budget for
5fiscal years 2017 and 2018, emergency rules to implement any
6provision of this amendatory Act of the 100th General Assembly
7may be adopted in accordance with this Section by each agency
8identified in Section 40 of the Unbalanced Budget Response Act.
9The adoption of emergency rules authorized by this subsection
10(y) shall be deemed to be necessary for the public interest,
11safety, and welfare. The rulemaking authority granted in this
12subsection (y) shall apply only to rules adopted prior to July
131, 2018. Notwithstanding any other provision of this Section,
14any emergency rule adopted pursuant to this subsection (y)
15shall expire on July 1, 2018.
16(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
1798-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
1899-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
196-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised
209-21-16.)
21 (Text of Section after amendment by P.A. 99-906)
22 Sec. 5-45. Emergency rulemaking.
23 (a) "Emergency" means the existence of any situation that
24any agency finds reasonably constitutes a threat to the public
25interest, safety, or welfare.

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1 (b) If any agency finds that an emergency exists that
2requires adoption of a rule upon fewer days than is required by
3Section 5-40 and states in writing its reasons for that
4finding, the agency may adopt an emergency rule without prior
5notice or hearing upon filing a notice of emergency rulemaking
6with the Secretary of State under Section 5-70. The notice
7shall include the text of the emergency rule and shall be
8published in the Illinois Register. Consent orders or other
9court orders adopting settlements negotiated by an agency may
10be adopted under this Section. Subject to applicable
11constitutional or statutory provisions, an emergency rule
12becomes effective immediately upon filing under Section 5-65 or
13at a stated date less than 10 days thereafter. The agency's
14finding and a statement of the specific reasons for the finding
15shall be filed with the rule. The agency shall take reasonable
16and appropriate measures to make emergency rules known to the
17persons who may be affected by them.
18 (c) An emergency rule may be effective for a period of not
19longer than 150 days, but the agency's authority to adopt an
20identical rule under Section 5-40 is not precluded. No
21emergency rule may be adopted more than once in any 24-month
22period, except that this limitation on the number of emergency
23rules that may be adopted in a 24-month period does not apply
24to (i) emergency rules that make additions to and deletions
25from the Drug Manual under Section 5-5.16 of the Illinois
26Public Aid Code or the generic drug formulary under Section

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13.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
2emergency rules adopted by the Pollution Control Board before
3July 1, 1997 to implement portions of the Livestock Management
4Facilities Act, (iii) emergency rules adopted by the Illinois
5Department of Public Health under subsections (a) through (i)
6of Section 2 of the Department of Public Health Act when
7necessary to protect the public's health, (iv) emergency rules
8adopted pursuant to subsection (n) of this Section, (v)
9emergency rules adopted pursuant to subsection (o) of this
10Section, or (vi) emergency rules adopted pursuant to subsection
11(c-5) of this Section, or (vii) emergency rules adopted
12pursuant to subsection (v) of this Section. Two or more
13emergency rules having substantially the same purpose and
14effect shall be deemed to be a single rule for purposes of this
15Section.
16 (c-5) To facilitate the maintenance of the program of group
17health benefits provided to annuitants, survivors, and retired
18employees under the State Employees Group Insurance Act of
191971, rules to alter the contributions to be paid by the State,
20annuitants, survivors, retired employees, or any combination
21of those entities, for that program of group health benefits,
22shall be adopted as emergency rules. The adoption of those
23rules shall be considered an emergency and necessary for the
24public interest, safety, and welfare.
25 (d) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 1999 budget,

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

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

SB2063- 23 -LRB100 11442 JWD 21874 b
1the 24-month limitation on the adoption of emergency rules and
2the provisions of Sections 5-115 and 5-125 do not apply to
3rules adopted under this subsection (h). The adoption of
4emergency rules authorized by this subsection (h) shall be
5deemed to be necessary for the public interest, safety, and
6welfare.
7 (i) In order to provide for the expeditious and timely
8implementation of the State's fiscal year 2004 budget,
9emergency rules to implement any provision of Public Act 93-20
10or any other budget initiative for fiscal year 2004 may be
11adopted in accordance with this Section by the agency charged
12with administering that provision or initiative, except that
13the 24-month limitation on the adoption of emergency rules and
14the provisions of Sections 5-115 and 5-125 do not apply to
15rules adopted under this subsection (i). The adoption of
16emergency rules authorized by this subsection (i) shall be
17deemed to be necessary for the public interest, safety, and
18welfare.
19 (j) In order to provide for the expeditious and timely
20implementation of the provisions of the State's fiscal year
212005 budget as provided under the Fiscal Year 2005 Budget
22Implementation (Human Services) Act, emergency rules to
23implement any provision of the Fiscal Year 2005 Budget
24Implementation (Human Services) Act may be adopted in
25accordance with this Section by the agency charged with
26administering that provision, except that the 24-month

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1limitation on the adoption of emergency rules and the
2provisions of Sections 5-115 and 5-125 do not apply to rules
3adopted under this subsection (j). The Department of Public Aid
4may also adopt rules under this subsection (j) necessary to
5administer the Illinois Public Aid Code and the Children's
6Health Insurance Program Act. The adoption of emergency rules
7authorized by this subsection (j) shall be deemed to be
8necessary for the public interest, safety, and welfare.
9 (k) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112006 budget, emergency rules to implement any provision of
12Public Act 94-48 or any other budget initiative for fiscal year
132006 may be adopted in accordance with this Section by the
14agency charged with administering that provision or
15initiative, except that the 24-month limitation on the adoption
16of emergency rules and the provisions of Sections 5-115 and
175-125 do not apply to rules adopted under this subsection (k).
18The Department of Healthcare and Family Services may also adopt
19rules under this subsection (k) necessary to administer the
20Illinois Public Aid Code, the Senior Citizens and Persons with
21Disabilities Property Tax Relief Act, the Senior Citizens and
22Disabled Persons Prescription Drug Discount Program Act (now
23the Illinois Prescription Drug Discount Program Act), and the
24Children's Health Insurance Program Act. The adoption of
25emergency rules authorized by this subsection (k) shall be
26deemed to be necessary for the public interest, safety, and

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1welfare.
2 (l) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42007 budget, the Department of Healthcare and Family Services
5may adopt emergency rules during fiscal year 2007, including
6rules effective July 1, 2007, in accordance with this
7subsection to the extent necessary to administer the
8Department's responsibilities with respect to amendments to
9the State plans and Illinois waivers approved by the federal
10Centers for Medicare and Medicaid Services necessitated by the
11requirements of Title XIX and Title XXI of the federal Social
12Security Act. The adoption of emergency rules authorized by
13this subsection (l) shall be deemed to be necessary for the
14public interest, safety, and welfare.
15 (m) In order to provide for the expeditious and timely
16implementation of the provisions of the State's fiscal year
172008 budget, the Department of Healthcare and Family Services
18may adopt emergency rules during fiscal year 2008, including
19rules effective July 1, 2008, in accordance with this
20subsection to the extent necessary to administer the
21Department's responsibilities with respect to amendments to
22the State plans and Illinois waivers approved by the federal
23Centers for Medicare and Medicaid Services necessitated by the
24requirements of Title XIX and Title XXI of the federal Social
25Security Act. The adoption of emergency rules authorized by
26this subsection (m) shall be deemed to be necessary for the

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1public interest, safety, and welfare.
2 (n) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42010 budget, emergency rules to implement any provision of
5Public Act 96-45 or any other budget initiative authorized by
6the 96th General Assembly for fiscal year 2010 may be adopted
7in accordance with this Section by the agency charged with
8administering that provision or initiative. The adoption of
9emergency rules authorized by this subsection (n) shall be
10deemed to be necessary for the public interest, safety, and
11welfare. The rulemaking authority granted in this subsection
12(n) shall apply only to rules promulgated during Fiscal Year
132010.
14 (o) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162011 budget, emergency rules to implement any provision of
17Public Act 96-958 or any other budget initiative authorized by
18the 96th General Assembly for fiscal year 2011 may be adopted
19in accordance with this Section by the agency charged with
20administering that provision or initiative. The adoption of
21emergency rules authorized by this subsection (o) is deemed to
22be necessary for the public interest, safety, and welfare. The
23rulemaking authority granted in this subsection (o) applies
24only to rules promulgated on or after July 1, 2010 (the
25effective date of Public Act 96-958) through June 30, 2011.
26 (p) In order to provide for the expeditious and timely

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1implementation of the provisions of Public Act 97-689,
2emergency rules to implement any provision of Public Act 97-689
3may be adopted in accordance with this subsection (p) by the
4agency charged with administering that provision or
5initiative. The 150-day limitation of the effective period of
6emergency rules does not apply to rules adopted under this
7subsection (p), and the effective period may continue through
8June 30, 2013. The 24-month limitation on the adoption of
9emergency rules does not apply to rules adopted under this
10subsection (p). The adoption of emergency rules authorized by
11this subsection (p) is deemed to be necessary for the public
12interest, safety, and welfare.
13 (q) In order to provide for the expeditious and timely
14implementation of the provisions of Articles 7, 8, 9, 11, and
1512 of Public Act 98-104, emergency rules to implement any
16provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
17may be adopted in accordance with this subsection (q) by the
18agency charged with administering that provision or
19initiative. The 24-month limitation on the adoption of
20emergency rules does not apply to rules adopted under this
21subsection (q). The adoption of emergency rules authorized by
22this subsection (q) is deemed to be necessary for the public
23interest, safety, and welfare.
24 (r) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 98-651,
26emergency rules to implement Public Act 98-651 may be adopted

SB2063- 28 -LRB100 11442 JWD 21874 b
1in accordance with this subsection (r) by the Department of
2Healthcare and Family Services. The 24-month limitation on the
3adoption of emergency rules does not apply to rules adopted
4under this subsection (r). The adoption of emergency rules
5authorized by this subsection (r) is deemed to be necessary for
6the public interest, safety, and welfare.
7 (s) In order to provide for the expeditious and timely
8implementation of the provisions of Sections 5-5b.1 and 5A-2 of
9the Illinois Public Aid Code, emergency rules to implement any
10provision of Section 5-5b.1 or Section 5A-2 of the Illinois
11Public Aid Code may be adopted in accordance with this
12subsection (s) by the Department of Healthcare and Family
13Services. The rulemaking authority granted in this subsection
14(s) shall apply only to those rules adopted prior to July 1,
152015. Notwithstanding any other provision of this Section, any
16emergency rule adopted under this subsection (s) shall only
17apply to payments made for State fiscal year 2015. The adoption
18of emergency rules authorized by this subsection (s) is deemed
19to be necessary for the public interest, safety, and welfare.
20 (t) In order to provide for the expeditious and timely
21implementation of the provisions of Article II of Public Act
2299-6, emergency rules to implement the changes made by Article
23II of Public Act 99-6 to the Emergency Telephone System Act may
24be adopted in accordance with this subsection (t) by the
25Department of State Police. The rulemaking authority granted in
26this subsection (t) shall apply only to those rules adopted

SB2063- 29 -LRB100 11442 JWD 21874 b
1prior to July 1, 2016. The 24-month limitation on the adoption
2of emergency rules does not apply to rules adopted under this
3subsection (t). The adoption of emergency rules authorized by
4this subsection (t) is deemed to be necessary for the public
5interest, safety, and welfare.
6 (u) In order to provide for the expeditious and timely
7implementation of the provisions of the Burn Victims Relief
8Act, emergency rules to implement any provision of the Act may
9be adopted in accordance with this subsection (u) by the
10Department of Insurance. The rulemaking authority granted in
11this subsection (u) shall apply only to those rules adopted
12prior to December 31, 2015. The adoption of emergency rules
13authorized by this subsection (u) is deemed to be necessary for
14the public interest, safety, and welfare.
15 (v) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 99-516,
17emergency rules to implement Public Act 99-516 may be adopted
18in accordance with this subsection (v) by the Department of
19Healthcare and Family Services. The 24-month limitation on the
20adoption of emergency rules does not apply to rules adopted
21under this subsection (v). The adoption of emergency rules
22authorized by this subsection (v) is deemed to be necessary for
23the public interest, safety, and welfare.
24 (w) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 99-796,
26emergency rules to implement the changes made by Public Act

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199-796 may be adopted in accordance with this subsection (w) by
2the Adjutant General. The adoption of emergency rules
3authorized by this subsection (w) is deemed to be necessary for
4the public interest, safety, and welfare.
5 (x) In order to provide for the expeditious and timely
6implementation of the provisions of Public Act 99-906 this
7amendatory Act of the 99th General Assembly, emergency rules to
8implement subsection (i) of Section 16-115D, subsection (g) of
9Section 16-128A, and subsection (a) of Section 16-128B of the
10Public Utilities Act may be adopted in accordance with this
11subsection (x) by the Illinois Commerce Commission. The
12rulemaking authority granted in this subsection (x) shall apply
13only to those rules adopted within 180 days after June 1, 2017
14(the effective date of Public Act 99-906) this amendatory Act
15of the 99th General Assembly. The adoption of emergency rules
16authorized by this subsection (x) is deemed to be necessary for
17the public interest, safety, and welfare.
18 (y) In order to provide for the expeditious and timely
19implementation of the provisions of the State's budget for
20fiscal years 2017 and 2018, emergency rules to implement any
21provision of this amendatory Act of the 100th General Assembly
22may be adopted in accordance with this Section by each agency
23identified in Section 40 of the Unbalanced Budget Response Act.
24The adoption of emergency rules authorized by this subsection
25(y) shall be deemed to be necessary for the public interest,
26safety, and welfare. The rulemaking authority granted in this

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1subsection (y) shall apply only to rules adopted prior to July
21, 2018. Notwithstanding any other provision of this Section,
3any emergency rule adopted pursuant to this subsection (y)
4shall expire on July 1, 2018.
5(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
698-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
799-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
86-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,
9eff. 6-1-17; revised 1-1-17.)
10 Section 110. The Illinois Public Aid Code is amended by
11changing Section 5A-10 as follows:
12 (305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10)
13 Sec. 5A-10. Applicability.
14 (a) The assessment imposed by subsection (a) of Section
155A-2 shall cease to be imposed and the Department's obligation
16to make payments shall immediately cease, and any moneys
17remaining in the Fund shall be refunded to hospital providers
18in proportion to the amounts paid by them, if:
19 (1) The payments to hospitals required under this
20 Article are not eligible for federal matching funds under
21 Title XIX or XXI of the Social Security Act;
22 (2) For State fiscal years 2009 through 2018, the
23 Department of Healthcare and Family Services adopts any
24 administrative rule change to reduce payment rates or

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1 alters any payment methodology that reduces any payment
2 rates made to operating hospitals under the approved Title
3 XIX or Title XXI State plan in effect January 1, 2008
4 except for:
5 (A) any changes for hospitals described in
6 subsection (b) of Section 5A-3;
7 (B) any rates for payments made under this Article
8 V-A;
9 (C) any changes proposed in State plan amendment
10 transmittal numbers 08-01, 08-02, 08-04, 08-06, and
11 08-07;
12 (D) in relation to any admissions on or after
13 January 1, 2011, a modification in the methodology for
14 calculating outlier payments to hospitals for
15 exceptionally costly stays, for hospitals reimbursed
16 under the diagnosis-related grouping methodology in
17 effect on July 1, 2011; provided that the Department
18 shall be limited to one such modification during the
19 36-month period after the effective date of this
20 amendatory Act of the 96th General Assembly;
21 (E) any changes affecting hospitals authorized by
22 Public Act 97-689;
23 (F) any changes authorized by Section 14-12 of this
24 Code, or for any changes authorized under Section 5A-15
25 of this Code; or
26 (G) any changes authorized under Section 5-5b.1;

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1 or .
2 (H) any changes authorized under the Unbalanced
3 Budget Response Act.
4 (b) The assessment imposed by Section 5A-2 shall not take
5effect or shall cease to be imposed, and the Department's
6obligation to make payments shall immediately cease, if the
7assessment is determined to be an impermissible tax under Title
8XIX of the Social Security Act. Moneys in the Hospital Provider
9Fund derived from assessments imposed prior thereto shall be
10disbursed in accordance with Section 5A-8 to the extent federal
11financial participation is not reduced due to the
12impermissibility of the assessments, and any remaining moneys
13shall be refunded to hospital providers in proportion to the
14amounts paid by them.
15 (c) The assessments imposed by subsection (b-5) of Section
165A-2 shall not take effect or shall cease to be imposed, the
17Department's obligation to make payments shall immediately
18cease, and any moneys remaining in the Fund shall be refunded
19to hospital providers in proportion to the amounts paid by
20them, if the payments to hospitals required under Section
215A-12.4 are not eligible for federal matching funds under Title
22XIX of the Social Security Act.
23 (d) The assessments imposed by Section 5A-2 shall not take
24effect or shall cease to be imposed, the Department's
25obligation to make payments shall immediately cease, and any
26moneys remaining in the Fund shall be refunded to hospital

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1providers in proportion to the amounts paid by them, if:
2 (1) for State fiscal years 2013 through 2018, the
3 Department reduces any payment rates to hospitals as in
4 effect on May 1, 2012, or alters any payment methodology as
5 in effect on May 1, 2012, that has the effect of reducing
6 payment rates to hospitals, except for any changes
7 affecting hospitals authorized in Public Act 97-689 and any
8 changes authorized by Section 14-12 of this Code, and
9 except for any changes authorized under Section 5A-15, and
10 except for any changes authorized under Section 5-5b.1, and
11 except for any changes authorized under the Unbalanced
12 Budget Response Act;
13 (2) for State fiscal years 2013 through 2018, the
14 Department reduces any supplemental payments made to
15 hospitals below the amounts paid for services provided in
16 State fiscal year 2011 as implemented by administrative
17 rules adopted and in effect on or prior to June 30, 2011,
18 except for any changes affecting hospitals authorized in
19 Public Act 97-689 and any changes authorized by Section
20 14-12 of this Code, and except for any changes authorized
21 under Section 5A-15, and except for any changes authorized
22 under Section 5-5b.1, and except for any changes authorized
23 under the Unbalanced Budget Response Act; or
24 (3) for State fiscal years 2015 through 2018, the
25 Department reduces the overall effective rate of
26 reimbursement to hospitals below the level authorized

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1 under Section 14-12 of this Code, except for any changes
2 under Section 14-12 or Section 5A-15 of this Code, and
3 except for any changes authorized under Section 5-5b.1, and
4 except for any changes authorized under the Unbalanced
5 Budget Response Act.
6(Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 99-2,
7eff. 3-26-15.)
8 Section 115. The State Mandates Act is amended by adding
9Section 8.41 as follows:
10 (30 ILCS 805/8.41 new)
11 Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
12of this Act, no reimbursement by the State is required for the
13implementation of any mandate created by this amendatory Act of
14the 100th General Assembly.
15 Section 995. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.
22 Section 999. Effective date. This Act takes effect upon
23becoming law.
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