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

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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 Provides that the Act is repealed on July 1, 2018.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: (Failed) 2019-01-09 - Session Sine Die [SB2063 Detail]

Download: Illinois-2017-SB2063-Introduced.html

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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 Provides that the Act is repealed on July 1, 2018.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.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Unbalanced Budget Response Act.
Section 5. Legislative intent. The State is currently
confronted with an unprecedented fiscal crisis. Although the
Constitution of the State of Illinois requires that spending
not exceed available revenues, the State is currently spending
in excess of estimated revenues during fiscal year 2017, which
is significantly increasing the backlog of unpaid bills.
Without substantial corrective action taken by the General
Assembly, the fiscal year 2018 budget will also be unbalanced.
This Act is to be liberally construed and interpreted in a
manner that allows the State to address the fiscal crisis for
fiscal years 2017 and 2018.
Section 10. Definitions. As used in this Act, "agency"
includes all officers, boards, commissions, departments, and
agencies of the executive branch of the State government
created by the Constitution, statute, or Executive Order,
including, but not limited to, public institutions of higher
education (as defined in the Board of Higher Education Act).

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

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

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

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

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affecting State funds designated for use by the agency, or (iv)
modifications made by the Governor pursuant to Section 25. The
effectiveness of any such emergency rule, and any such
adjustment, reduction, or limitation made pursuant thereto,
shall expire on July 1, 2018. Nothing in this Section shall
require rulemaking if the limitation, reduction, or adjustment
would otherwise be within the authority of the agency without
rulemaking.
Section 45. Repeal. This Act is repealed on July 1, 2018.
Section 105. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
(Text of Section before amendment by P.A. 99-906)
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

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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.
(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 24
month period, except that this limitation on the number of
emergency rules that may be adopted in a 24-month 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

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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, or (vii)
emergency rules adopted pursuant to subsection (v) 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

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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

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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.

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(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

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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

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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

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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

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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.

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(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

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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 this
amendatory Act of the 99th General Assembly, emergency rules to
implement Public Act 99-516 this amendatory Act of the 99th
General Assembly 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) (v) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-796 this
amendatory Act of the 99th General Assembly, emergency rules to
implement the changes made by Public Act 99-796 this amendatory
Act of the 99th General Assembly may be adopted in accordance
with this subsection (w) (v) by the Adjutant General. The
adoption of emergency rules authorized by this subsection (w)

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(v) 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 the State's budget for
fiscal years 2017 and 2018, emergency rules to implement any
provision of this amendatory Act of the 100th General Assembly
may be adopted in accordance with this Section by each agency
identified in Section 40 of the Unbalanced Budget Response Act.
The adoption of emergency rules authorized by this subsection
(y) shall be deemed to be necessary for the public interest,
safety, and welfare. The rulemaking authority granted in this
subsection (y) shall apply only to rules adopted prior to July
1, 2018. Notwithstanding any other provision of this Section,
any emergency rule adopted pursuant to this subsection (y)
shall expire on July 1, 2018.
(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised
9-21-16.)
(Text of Section after amendment by P.A. 99-906)
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.

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(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.
(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

SB2063 - 20 - LRB100 11442 JWD 21874 b
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, or (vii) emergency rules adopted
pursuant to subsection (v) 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,

SB2063 - 21 - LRB100 11442 JWD 21874 b
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

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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

SB2063 - 23 - LRB100 11442 JWD 21874 b
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

SB2063 - 24 - LRB100 11442 JWD 21874 b
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

SB2063 - 25 - LRB100 11442 JWD 21874 b
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

SB2063 - 26 - LRB100 11442 JWD 21874 b
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

SB2063 - 27 - LRB100 11442 JWD 21874 b
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

SB2063 - 28 - LRB100 11442 JWD 21874 b
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

SB2063 - 29 - LRB100 11442 JWD 21874 b
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

SB2063 - 30 - LRB100 11442 JWD 21874 b
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 this
amendatory Act of the 99th General Assembly, 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) this amendatory Act
of the 99th General Assembly. 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 the State's budget for
fiscal years 2017 and 2018, emergency rules to implement any
provision of this amendatory Act of the 100th General Assembly
may be adopted in accordance with this Section by each agency
identified in Section 40 of the Unbalanced Budget Response Act.
The adoption of emergency rules authorized by this subsection
(y) shall be deemed to be necessary for the public interest,
safety, and welfare. The rulemaking authority granted in this

SB2063 - 31 - LRB100 11442 JWD 21874 b
subsection (y) shall apply only to rules adopted prior to July
1, 2018. Notwithstanding any other provision of this Section,
any emergency rule adopted pursuant to this subsection (y)
shall expire on July 1, 2018.
(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,
eff. 6-1-17; revised 1-1-17.)
Section 110. The Illinois Public Aid Code is amended by
changing Section 5A-10 as follows:
(305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10)
Sec. 5A-10. Applicability.
(a) The assessment imposed by subsection (a) of Section
5A-2 shall cease to be imposed and the Department's obligation
to make payments shall immediately cease, and any moneys
remaining in the Fund shall be refunded to hospital providers
in proportion to the amounts paid by them, if:
(1) The payments to hospitals required under this
Article are not eligible for federal matching funds under
Title XIX or XXI of the Social Security Act;
(2) For State fiscal years 2009 through 2018, the
Department of Healthcare and Family Services adopts any
administrative rule change to reduce payment rates or

SB2063 - 32 - LRB100 11442 JWD 21874 b
alters any payment methodology that reduces any payment
rates made to operating hospitals under the approved Title
XIX or Title XXI State plan in effect January 1, 2008
except for:
(A) any changes for hospitals described in
subsection (b) of Section 5A-3;
(B) any rates for payments made under this Article
V-A;
(C) any changes proposed in State plan amendment
transmittal numbers 08-01, 08-02, 08-04, 08-06, and
08-07;
(D) in relation to any admissions on or after
January 1, 2011, a modification in the methodology for
calculating outlier payments to hospitals for
exceptionally costly stays, for hospitals reimbursed
under the diagnosis-related grouping methodology in
effect on July 1, 2011; provided that the Department
shall be limited to one such modification during the
36-month period after the effective date of this
amendatory Act of the 96th General Assembly;
(E) any changes affecting hospitals authorized by
Public Act 97-689;
(F) any changes authorized by Section 14-12 of this
Code, or for any changes authorized under Section 5A-15
of this Code; or
(G) any changes authorized under Section 5-5b.1;

SB2063 - 33 - LRB100 11442 JWD 21874 b
or .
(H) any changes authorized under the Unbalanced
Budget Response Act.
(b) The assessment imposed by Section 5A-2 shall not take
effect or shall cease to be imposed, and the Department's
obligation to make payments shall immediately cease, if the
assessment is determined to be an impermissible tax under Title
XIX of the Social Security Act. Moneys in the Hospital Provider
Fund derived from assessments imposed prior thereto shall be
disbursed in accordance with Section 5A-8 to the extent federal
financial participation is not reduced due to the
impermissibility of the assessments, and any remaining moneys
shall be refunded to hospital providers in proportion to the
amounts paid by them.
(c) The assessments imposed by subsection (b-5) of Section
5A-2 shall not take effect or shall cease to be imposed, the
Department's obligation to make payments shall immediately
cease, and any moneys remaining in the Fund shall be refunded
to hospital providers in proportion to the amounts paid by
them, if the payments to hospitals required under Section
5A-12.4 are not eligible for federal matching funds under Title
XIX of the Social Security Act.
(d) The assessments imposed by Section 5A-2 shall not take
effect or shall cease to be imposed, the Department's
obligation to make payments shall immediately cease, and any
moneys remaining in the Fund shall be refunded to hospital

SB2063 - 34 - LRB100 11442 JWD 21874 b
providers in proportion to the amounts paid by them, if:
(1) for State fiscal years 2013 through 2018, the
Department reduces any payment rates to hospitals as in
effect on May 1, 2012, or alters any payment methodology as
in effect on May 1, 2012, that has the effect of reducing
payment rates to hospitals, except for any changes
affecting hospitals authorized in Public Act 97-689 and any
changes authorized by Section 14-12 of this Code, and
except for any changes authorized under Section 5A-15, and
except for any changes authorized under Section 5-5b.1, and
except for any changes authorized under the Unbalanced
Budget Response Act;
(2) for State fiscal years 2013 through 2018, the
Department reduces any supplemental payments made to
hospitals below the amounts paid for services provided in
State fiscal year 2011 as implemented by administrative
rules adopted and in effect on or prior to June 30, 2011,
except for any changes affecting hospitals authorized in
Public Act 97-689 and any changes authorized by Section
14-12 of this Code, and except for any changes authorized
under Section 5A-15, and except for any changes authorized
under Section 5-5b.1, and except for any changes authorized
under the Unbalanced Budget Response Act; or
(3) for State fiscal years 2015 through 2018, the
Department reduces the overall effective rate of
reimbursement to hospitals below the level authorized

SB2063 - 35 - LRB100 11442 JWD 21874 b
under Section 14-12 of this Code, except for any changes
under Section 14-12 or Section 5A-15 of this Code, and
except for any changes authorized under Section 5-5b.1, and
except for any changes authorized under the Unbalanced
Budget Response Act.
(Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 99-2,
eff. 3-26-15.)
Section 115. The State Mandates Act is amended by adding
Section 8.41 as follows:
(30 ILCS 805/8.41 new)
Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 100th General Assembly.
Section 995. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 999. Effective date. This Act takes effect upon
becoming law.