Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1875 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0390
2	1		SB1875 EnrolledLRB103 28045 DTM 54424 b SB1875 Enrolled LRB103 28045 DTM 54424 b
3	2		SB1875 Enrolled LRB103 28045 DTM 54424 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Administrative Procedure Act is
8		-	amended by changing Sections 5-40, 5-45, 5-50, 5-60, and 5-65
9		-	as follows:
10		-	(5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
11		-	Sec. 5-40. General rulemaking.
12		-	(a) In all rulemaking to which Sections 5-45 and 5-50 do
13		-	not apply, each agency shall comply with this Section.
14		-	(b) Each agency shall give at least 45 days' notice of its
15		-	intended action to the general public. This first notice
16		-	period shall commence on the first day the notice appears in
17		-	the Illinois Register. The first notice shall include all the
18		-	following:
19		-	(1) The text of the proposed rule, the old and new
20		-	materials of a proposed amendment, or the text of the
21		-	provision to be repealed.
22		-	(2) The specific statutory citation upon which the
23		-	proposed rule, the proposed amendment to a rule, or the
24		-	proposed repeal of a rule is based and by which it is
25		-	authorized.
26		-	(3) A complete description of the subjects and issues
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Administrative Procedure Act is
	7	+	5 amended by changing Sections 5-40, 5-45, 5-50, 5-60, and 5-65
	8	+	6 as follows:
	9	+	7 (5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
	10	+	8 Sec. 5-40. General rulemaking.
	11	+	9 (a) In all rulemaking to which Sections 5-45 and 5-50 do
	12	+	10 not apply, each agency shall comply with this Section.
	13	+	11 (b) Each agency shall give at least 45 days' notice of its
	14	+	12 intended action to the general public. This first notice
	15	+	13 period shall commence on the first day the notice appears in
	16	+	14 the Illinois Register. The first notice shall include all the
	17	+	15 following:
	18	+	16 (1) The text of the proposed rule, the old and new
	19	+	17 materials of a proposed amendment, or the text of the
	20	+	18 provision to be repealed.
	21	+	19 (2) The specific statutory citation upon which the
	22	+	20 proposed rule, the proposed amendment to a rule, or the
	23	+	21 proposed repeal of a rule is based and by which it is
	24	+	22 authorized.
	25	+	23 (3) A complete description of the subjects and issues
27	26
28	27
29	28
30	29		SB1875 Enrolled LRB103 28045 DTM 54424 b
31	30
32	31
33		-	involved.
34		-	(3.5) A descriptive title or other description of any
35		-	published study or research report used in developing the
36		-	rule, the identity of the person who performed such study,
37		-	and a description of where the public may obtain a copy of
38		-	any such study or research report. If the study was
39		-	performed by an agency or by a person or entity that
40		-	contracted with the agency for the performance of the
41		-	study, the agency shall also make copies of the underlying
42		-	data available to members of the public upon request if
43		-	the data are not protected from disclosure under the
44		-	Freedom of Information Act.
45		-	(4) For all proposed rules and proposed amendments to
46		-	rules, an initial regulatory flexibility analysis
47		-	containing a description of the types of small businesses
48		-	subject to the rule; a brief description of the proposed
49		-	reporting, bookkeeping, and other procedures required for
50		-	compliance with the rule; and a description of the types
51		-	of professional skills necessary for compliance.
52		-	(5) The time, place, and manner in which interested
53		-	persons may present their views and comments concerning
54		-	the proposed rulemaking.
55		-	During the first notice period, the agency shall accept
56		-	from any interested persons data, views, arguments, or
57		-	comments from any interested persons. The agency shall accept
58		-	submissions in writing, including submissions by email or by
	32	+	SB1875 Enrolled- 2 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 2 - LRB103 28045 DTM 54424 b
	33	+	SB1875 Enrolled - 2 - LRB103 28045 DTM 54424 b
	34	+	1 involved.
	35	+	2 (3.5) A descriptive title or other description of any
	36	+	3 published study or research report used in developing the
	37	+	4 rule, the identity of the person who performed such study,
	38	+	5 and a description of where the public may obtain a copy of
	39	+	6 any such study or research report. If the study was
	40	+	7 performed by an agency or by a person or entity that
	41	+	8 contracted with the agency for the performance of the
	42	+	9 study, the agency shall also make copies of the underlying
	43	+	10 data available to members of the public upon request if
	44	+	11 the data are not protected from disclosure under the
	45	+	12 Freedom of Information Act.
	46	+	13 (4) For all proposed rules and proposed amendments to
	47	+	14 rules, an initial regulatory flexibility analysis
	48	+	15 containing a description of the types of small businesses
	49	+	16 subject to the rule; a brief description of the proposed
	50	+	17 reporting, bookkeeping, and other procedures required for
	51	+	18 compliance with the rule; and a description of the types
	52	+	19 of professional skills necessary for compliance.
	53	+	20 (5) The time, place, and manner in which interested
	54	+	21 persons may present their views and comments concerning
	55	+	22 the proposed rulemaking.
	56	+	23 During the first notice period, the agency shall accept
	57	+	24 from any interested persons data, views, arguments, or
	58	+	25 comments from any interested persons. The agency shall accept
	59	+	26 submissions in writing, including submissions by email or by
59	60
60	61
61		-	other publicly accessible electronic means through its
62		-	website. In the discretion of the agency, submissions may be
63		-	submitted orally. These may, in the discretion of the agency,
64		-	be submitted either orally or in writing or both. The notice
65		-	published in the Illinois Register shall indicate the manner
66		-	selected by the agency for the submissions, including the
67		-	email address or website address where submissions will be
68		-	accepted. The agency shall consider all submissions received.
69		-	The agency shall hold a public hearing on the proposed
70		-	rulemaking during the first notice period if (i) during the
71		-	first notice period, the agency finds that a public hearing
72		-	would facilitate the submission of views and comments that
73		-	might not otherwise be submitted or (ii) the agency receives a
74		-	request for a public hearing, within the first 14 days after
75		-	publication of the notice of proposed rulemaking in the
76		-	Illinois Register, from 25 interested persons, an association
77		-	representing at least 100 interested persons, the Governor,
78		-	the Joint Committee on Administrative Rules, or a unit of
79		-	local government that may be affected. At the public hearing,
80		-	the agency shall allow interested persons to present views and
81		-	comments on the proposed rulemaking. A public hearing in
82		-	response to a request for a hearing may not be held less than
83		-	20 days after the publication of the notice of proposed
84		-	rulemaking in the Illinois Register unless notice of the
85		-	public hearing is included in the notice of proposed
86		-	rulemaking. A public hearing on proposed rulemaking may not be
87	62
88	63
89		-	held less than 5 days before submission of the notice required
90		-	under subsection (c) of this Section to the Joint Committee on
91		-	Administrative Rules. Each agency may prescribe reasonable
92		-	rules for the conduct of public hearings on proposed
93		-	rulemaking to prevent undue repetition at the hearings. The
94		-	hearings must be open to the public and recorded by
95		-	stenographic or mechanical means. At least one agency
96		-	representative shall be present during the hearing who is
97		-	qualified to respond to general questions from the public
98		-	regarding the agency's proposal and the rulemaking process.
99		-	(c) Each agency shall provide additional notice of the
100		-	proposed rulemaking to the Joint Committee on Administrative
101		-	Rules. The period commencing on the day written notice is
102		-	received by the Joint Committee shall be known as the second
103		-	notice period and shall expire 45 days thereafter unless
104		-	before that time the agency and the Joint Committee have
105		-	agreed to extend the second notice period beyond 45 days for a
106		-	period not to exceed an additional 45 days or unless the agency
107		-	has received a statement of objection from the Joint Committee
108		-	or notification from the Joint Committee that no objection
109		-	will be issued. The written notice to the Joint Committee
110		-	shall include (i) the text and location of any changes made to
111		-	the proposed rulemaking during the first notice period in a
112		-	form prescribed by the Joint Committee; (ii) for all proposed
113		-	rules and proposed amendments to rules, a final regulatory
114		-	flexibility analysis containing a summary of issues raised by
	64	+
	65	+	SB1875 Enrolled - 2 - LRB103 28045 DTM 54424 b
115	66
116	67
117		-	small businesses during the first notice period and a
118		-	description of actions taken on any alternatives to the
119		-	proposed rule suggested by small businesses during the first
120		-	notice period, including reasons for rejecting any
121		-	alternatives not utilized; and (iii) if a written request has
122		-	been made by the Joint Committee within 30 days after initial
123		-	notice appears in the Illinois Register under subsection (b)
124		-	of this Section, an analysis of the economic and budgetary
125		-	effects of the proposed rulemaking. After commencement of the
126		-	second notice period, no substantive change may be made to a
127		-	proposed rulemaking unless it is made in response to an
128		-	objection or suggestion of the Joint Committee. The agency
129		-	shall also send a copy of the final regulatory flexibility
130		-	analysis to each small business that has presented views or
131		-	comments on the proposed rulemaking during the first notice
132		-	period and to any other interested person who requests a copy.
133		-	The agency may charge a reasonable fee for providing the
134		-	copies to cover postage and handling costs.
135		-	(d) After the expiration of the second notice period,
136		-	after notification from the Joint Committee that no objection
137		-	will be issued, or after a response by the agency to a
138		-	statement of objections issued by the Joint Committee,
139		-	whichever is applicable, the agency shall file, under Section
140		-	5-65, a certified copy of each rule, modification, or repeal
141		-	of any rule adopted by it. The copy shall be published in the
142		-	Illinois Register. Each rule hereafter adopted under this
	68	+	SB1875 Enrolled- 3 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 3 - LRB103 28045 DTM 54424 b
	69	+	SB1875 Enrolled - 3 - LRB103 28045 DTM 54424 b
	70	+	1 other publicly accessible electronic means through its
	71	+	2 website. In the discretion of the agency, submissions may be
	72	+	3 submitted orally. These may, in the discretion of the agency,
	73	+	4 be submitted either orally or in writing or both. The notice
	74	+	5 published in the Illinois Register shall indicate the manner
	75	+	6 selected by the agency for the submissions, including the
	76	+	7 email address or website address where submissions will be
	77	+	8 accepted. The agency shall consider all submissions received.
	78	+	9 The agency shall hold a public hearing on the proposed
	79	+	10 rulemaking during the first notice period if (i) during the
	80	+	11 first notice period, the agency finds that a public hearing
	81	+	12 would facilitate the submission of views and comments that
	82	+	13 might not otherwise be submitted or (ii) the agency receives a
	83	+	14 request for a public hearing, within the first 14 days after
	84	+	15 publication of the notice of proposed rulemaking in the
	85	+	16 Illinois Register, from 25 interested persons, an association
	86	+	17 representing at least 100 interested persons, the Governor,
	87	+	18 the Joint Committee on Administrative Rules, or a unit of
	88	+	19 local government that may be affected. At the public hearing,
	89	+	20 the agency shall allow interested persons to present views and
	90	+	21 comments on the proposed rulemaking. A public hearing in
	91	+	22 response to a request for a hearing may not be held less than
	92	+	23 20 days after the publication of the notice of proposed
	93	+	24 rulemaking in the Illinois Register unless notice of the
	94	+	25 public hearing is included in the notice of proposed
	95	+	26 rulemaking. A public hearing on proposed rulemaking may not be
143	96
144	97
145		-	Section is effective upon filing unless a later effective date
146		-	is required by statute or is specified in the rulemaking.
147		-	(e) No rule or modification or repeal of any rule may be
148		-	adopted, or filed with the Secretary of State, more than one
149		-	year after the date the first notice period for the rulemaking
150		-	under subsection (b) commenced. Any period during which the
151		-	rulemaking is prohibited from being filed under Section 5-115
152		-	shall not be considered in calculating this one-year time
153		-	period.
154		-	(Source: P.A. 92-330, eff. 1-1-02.)
155		-	(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
156		-	Sec. 5-45. Emergency rulemaking.
157		-	(a) "Emergency" means the existence of any situation that
158		-	any agency finds reasonably constitutes a threat to the public
159		-	interest, safety, or welfare.
160		-	(b) If any agency finds that an emergency exists that
161		-	requires adoption of a rule upon fewer days than is required by
162		-	Section 5-40 and states in writing its reasons for that
163		-	finding, the agency may adopt an emergency rule without prior
164		-	notice or hearing upon filing a notice of emergency rulemaking
165		-	with the Secretary of State under Section 5-70. The notice
166		-	shall include the text of the emergency rule and shall be
167		-	published in the Illinois Register. Consent orders or other
168		-	court orders adopting settlements negotiated by an agency may
169		-	be adopted under this Section. Subject to applicable
170	98
171	99
172		-	constitutional or statutory provisions, an emergency rule
173		-	becomes effective immediately upon filing under Section 5-65
174		-	or at a stated date less than 10 days thereafter. The agency's
175		-	finding and a statement of the specific reasons for the
176		-	finding shall be filed with the rule. The agency shall take
177		-	reasonable and appropriate measures to make emergency rules
178		-	known to the persons who may be affected by them. The agency
179		-	shall accept data, views, arguments, or comments regarding the
180		-	emergency rulemaking from any interested persons. The agency
181		-	shall accept submissions in writing, including submissions by
182		-	email or by other publicly accessible electronic means through
183		-	its website. In the discretion of the agency, submissions may
184		-	be submitted orally. The notice published in the Illinois
185		-	Register shall indicate the manner selected by the agency for
186		-	the submissions, including the email address or website
187		-	address where submissions will be accepted. The agency shall
188		-	consider all submissions received.
189		-	(c) An emergency rule may be effective for a period of not
190		-	longer than 150 days, but the agency's authority to adopt an
191		-	identical rule under Section 5-40 is not precluded. No
192		-	emergency rule may be adopted more than once in any 24-month
193		-	period, except that this limitation on the number of emergency
194		-	rules that may be adopted in a 24-month period does not apply
195		-	to (i) emergency rules that make additions to and deletions
196		-	from the Drug Manual under Section 5-5.16 of the Illinois
197		-	Public Aid Code or the generic drug formulary under Section
	100	+
	101	+	SB1875 Enrolled - 3 - LRB103 28045 DTM 54424 b
198	102
199	103
200		-	3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
201		-	emergency rules adopted by the Pollution Control Board before
202		-	July 1, 1997 to implement portions of the Livestock Management
203		-	Facilities Act, (iii) emergency rules adopted by the Illinois
204		-	Department of Public Health under subsections (a) through (i)
205		-	of Section 2 of the Department of Public Health Act when
206		-	necessary to protect the public's health, (iv) emergency rules
207		-	adopted pursuant to subsection (n) of this Section, (v)
208		-	emergency rules adopted pursuant to subsection (o) of this
209		-	Section, or (vi) emergency rules adopted pursuant to
210		-	subsection (c-5) of this Section. Two or more emergency rules
211		-	having substantially the same purpose and effect shall be
212		-	deemed to be a single rule for purposes of this Section.
213		-	(c-5) To facilitate the maintenance of the program of
214		-	group health benefits provided to annuitants, survivors, and
215		-	retired employees under the State Employees Group Insurance
216		-	Act of 1971, rules to alter the contributions to be paid by the
217		-	State, annuitants, survivors, retired employees, or any
218		-	combination of those entities, for that program of group
219		-	health benefits, shall be adopted as emergency rules. The
220		-	adoption of those rules shall be considered an emergency and
221		-	necessary for the public interest, safety, and welfare.
222		-	(d) In order to provide for the expeditious and timely
223		-	implementation of the State's fiscal year 1999 budget,
224		-	emergency rules to implement any provision of Public Act
225		-	90-587 or 90-588 or any other budget initiative for fiscal
	104	+	SB1875 Enrolled- 4 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 4 - LRB103 28045 DTM 54424 b
	105	+	SB1875 Enrolled - 4 - LRB103 28045 DTM 54424 b
	106	+	1 held less than 5 days before submission of the notice required
	107	+	2 under subsection (c) of this Section to the Joint Committee on
	108	+	3 Administrative Rules. Each agency may prescribe reasonable
	109	+	4 rules for the conduct of public hearings on proposed
	110	+	5 rulemaking to prevent undue repetition at the hearings. The
	111	+	6 hearings must be open to the public and recorded by
	112	+	7 stenographic or mechanical means. At least one agency
	113	+	8 representative shall be present during the hearing who is
	114	+	9 qualified to respond to general questions from the public
	115	+	10 regarding the agency's proposal and the rulemaking process.
	116	+	11 (c) Each agency shall provide additional notice of the
	117	+	12 proposed rulemaking to the Joint Committee on Administrative
	118	+	13 Rules. The period commencing on the day written notice is
	119	+	14 received by the Joint Committee shall be known as the second
	120	+	15 notice period and shall expire 45 days thereafter unless
	121	+	16 before that time the agency and the Joint Committee have
	122	+	17 agreed to extend the second notice period beyond 45 days for a
	123	+	18 period not to exceed an additional 45 days or unless the agency
	124	+	19 has received a statement of objection from the Joint Committee
	125	+	20 or notification from the Joint Committee that no objection
	126	+	21 will be issued. The written notice to the Joint Committee
	127	+	22 shall include (i) the text and location of any changes made to
	128	+	23 the proposed rulemaking during the first notice period in a
	129	+	24 form prescribed by the Joint Committee; (ii) for all proposed
	130	+	25 rules and proposed amendments to rules, a final regulatory
	131	+	26 flexibility analysis containing a summary of issues raised by
226	132
227	133
228		-	year 1999 may be adopted in accordance with this Section by the
229		-	agency charged with administering that provision or
230		-	initiative, except that the 24-month limitation on the
231		-	adoption of emergency rules and the provisions of Sections
232		-	5-115 and 5-125 do not apply to rules adopted under this
233		-	subsection (d). The adoption of emergency rules authorized by
234		-	this subsection (d) shall be deemed to be necessary for the
235		-	public interest, safety, and welfare.
236		-	(e) In order to provide for the expeditious and timely
237		-	implementation of the State's fiscal year 2000 budget,
238		-	emergency rules to implement any provision of Public Act 91-24
239		-	or any other budget initiative for fiscal year 2000 may be
240		-	adopted in accordance with this Section by the agency charged
241		-	with administering that provision or initiative, except that
242		-	the 24-month limitation on the adoption of emergency rules and
243		-	the provisions of Sections 5-115 and 5-125 do not apply to
244		-	rules adopted under this subsection (e). The adoption of
245		-	emergency rules authorized by this subsection (e) shall be
246		-	deemed to be necessary for the public interest, safety, and
247		-	welfare.
248		-	(f) In order to provide for the expeditious and timely
249		-	implementation of the State's fiscal year 2001 budget,
250		-	emergency rules to implement any provision of Public Act
251		-	91-712 or any other budget initiative for fiscal year 2001 may
252		-	be adopted in accordance with this Section by the agency
253		-	charged with administering that provision or initiative,
254	134
255	135
256		-	except that the 24-month limitation on the adoption of
257		-	emergency rules and the provisions of Sections 5-115 and 5-125
258		-	do not apply to rules adopted under this subsection (f). The
259		-	adoption of emergency rules authorized by this subsection (f)
260		-	shall be deemed to be necessary for the public interest,
261		-	safety, and welfare.
262		-	(g) In order to provide for the expeditious and timely
263		-	implementation of the State's fiscal year 2002 budget,
264		-	emergency rules to implement any provision of Public Act 92-10
265		-	or any other budget initiative for fiscal year 2002 may be
266		-	adopted in accordance with this Section by the agency charged
267		-	with administering that provision or initiative, except that
268		-	the 24-month limitation on the adoption of emergency rules and
269		-	the provisions of Sections 5-115 and 5-125 do not apply to
270		-	rules adopted under this subsection (g). The adoption of
271		-	emergency rules authorized by this subsection (g) shall be
272		-	deemed to be necessary for the public interest, safety, and
273		-	welfare.
274		-	(h) In order to provide for the expeditious and timely
275		-	implementation of the State's fiscal year 2003 budget,
276		-	emergency rules to implement any provision of Public Act
277		-	92-597 or any other budget initiative for fiscal year 2003 may
278		-	be adopted in accordance with this Section by the agency
279		-	charged with administering that provision or initiative,
280		-	except that the 24-month limitation on the adoption of
281		-	emergency rules and the provisions of Sections 5-115 and 5-125
	136	+
	137	+	SB1875 Enrolled - 4 - LRB103 28045 DTM 54424 b
282	138
283	139
284		-	do not apply to rules adopted under this subsection (h). The
285		-	adoption of emergency rules authorized by this subsection (h)
286		-	shall be deemed to be necessary for the public interest,
287		-	safety, and welfare.
288		-	(i) In order to provide for the expeditious and timely
289		-	implementation of the State's fiscal year 2004 budget,
290		-	emergency rules to implement any provision of Public Act 93-20
291		-	or any other budget initiative for fiscal year 2004 may be
292		-	adopted in accordance with this Section by the agency charged
293		-	with administering that provision or initiative, except that
294		-	the 24-month limitation on the adoption of emergency rules and
295		-	the provisions of Sections 5-115 and 5-125 do not apply to
296		-	rules adopted under this subsection (i). The adoption of
297		-	emergency rules authorized by this subsection (i) shall be
298		-	deemed to be necessary for the public interest, safety, and
299		-	welfare.
300		-	(j) In order to provide for the expeditious and timely
301		-	implementation of the provisions of the State's fiscal year
302		-	2005 budget as provided under the Fiscal Year 2005 Budget
303		-	Implementation (Human Services) Act, emergency rules to
304		-	implement any provision of the Fiscal Year 2005 Budget
305		-	Implementation (Human Services) Act may be adopted in
306		-	accordance with this Section by the agency charged with
307		-	administering that provision, except that the 24-month
308		-	limitation on the adoption of emergency rules and the
309		-	provisions of Sections 5-115 and 5-125 do not apply to rules
	140	+	SB1875 Enrolled- 5 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 5 - LRB103 28045 DTM 54424 b
	141	+	SB1875 Enrolled - 5 - LRB103 28045 DTM 54424 b
	142	+	1 small businesses during the first notice period and a
	143	+	2 description of actions taken on any alternatives to the
	144	+	3 proposed rule suggested by small businesses during the first
	145	+	4 notice period, including reasons for rejecting any
	146	+	5 alternatives not utilized; and (iii) if a written request has
	147	+	6 been made by the Joint Committee within 30 days after initial
	148	+	7 notice appears in the Illinois Register under subsection (b)
	149	+	8 of this Section, an analysis of the economic and budgetary
	150	+	9 effects of the proposed rulemaking. After commencement of the
	151	+	10 second notice period, no substantive change may be made to a
	152	+	11 proposed rulemaking unless it is made in response to an
	153	+	12 objection or suggestion of the Joint Committee. The agency
	154	+	13 shall also send a copy of the final regulatory flexibility
	155	+	14 analysis to each small business that has presented views or
	156	+	15 comments on the proposed rulemaking during the first notice
	157	+	16 period and to any other interested person who requests a copy.
	158	+	17 The agency may charge a reasonable fee for providing the
	159	+	18 copies to cover postage and handling costs.
	160	+	19 (d) After the expiration of the second notice period,
	161	+	20 after notification from the Joint Committee that no objection
	162	+	21 will be issued, or after a response by the agency to a
	163	+	22 statement of objections issued by the Joint Committee,
	164	+	23 whichever is applicable, the agency shall file, under Section
	165	+	24 5-65, a certified copy of each rule, modification, or repeal
	166	+	25 of any rule adopted by it. The copy shall be published in the
	167	+	26 Illinois Register. Each rule hereafter adopted under this
310	168
311	169
312		-	adopted under this subsection (j). The Department of Public
313		-	Aid may also adopt rules under this subsection (j) necessary
314		-	to administer the Illinois Public Aid Code and the Children's
315		-	Health Insurance Program Act. The adoption of emergency rules
316		-	authorized by this subsection (j) shall be deemed to be
317		-	necessary for the public interest, safety, and welfare.
318		-	(k) In order to provide for the expeditious and timely
319		-	implementation of the provisions of the State's fiscal year
320		-	2006 budget, emergency rules to implement any provision of
321		-	Public Act 94-48 or any other budget initiative for fiscal
322		-	year 2006 may be adopted in accordance with this Section by the
323		-	agency charged with administering that provision or
324		-	initiative, except that the 24-month limitation on the
325		-	adoption of emergency rules and the provisions of Sections
326		-	5-115 and 5-125 do not apply to rules adopted under this
327		-	subsection (k). The Department of Healthcare and Family
328		-	Services may also adopt rules under this subsection (k)
329		-	necessary to administer the Illinois Public Aid Code, the
330		-	Senior Citizens and Persons with Disabilities Property Tax
331		-	Relief Act, the Senior Citizens and Disabled Persons
332		-	Prescription Drug Discount Program Act (now the Illinois
333		-	Prescription Drug Discount Program Act), and the Children's
334		-	Health Insurance Program Act. The adoption of emergency rules
335		-	authorized by this subsection (k) shall be deemed to be
336		-	necessary for the public interest, safety, and welfare.
337		-	(l) In order to provide for the expeditious and timely
338	170
339	171
340		-	implementation of the provisions of the State's fiscal year
341		-	2007 budget, the Department of Healthcare and Family Services
342		-	may adopt emergency rules during fiscal year 2007, including
343		-	rules effective July 1, 2007, in accordance with this
344		-	subsection to the extent necessary to administer the
345		-	Department's responsibilities with respect to amendments to
346		-	the State plans and Illinois waivers approved by the federal
347		-	Centers for Medicare and Medicaid Services necessitated by the
348		-	requirements of Title XIX and Title XXI of the federal Social
349		-	Security Act. The adoption of emergency rules authorized by
350		-	this subsection (l) shall be deemed to be necessary for the
351		-	public interest, safety, and welfare.
352		-	(m) In order to provide for the expeditious and timely
353		-	implementation of the provisions of the State's fiscal year
354		-	2008 budget, the Department of Healthcare and Family Services
355		-	may adopt emergency rules during fiscal year 2008, including
356		-	rules effective July 1, 2008, in accordance with this
357		-	subsection to the extent necessary to administer the
358		-	Department's responsibilities with respect to amendments to
359		-	the State plans and Illinois waivers approved by the federal
360		-	Centers for Medicare and Medicaid Services necessitated by the
361		-	requirements of Title XIX and Title XXI of the federal Social
362		-	Security Act. The adoption of emergency rules authorized by
363		-	this subsection (m) shall be deemed to be necessary for the
364		-	public interest, safety, and welfare.
365		-	(n) In order to provide for the expeditious and timely
	172	+
	173	+	SB1875 Enrolled - 5 - LRB103 28045 DTM 54424 b
366	174
367	175
368		-	implementation of the provisions of the State's fiscal year
369		-	2010 budget, emergency rules to implement any provision of
370		-	Public Act 96-45 or any other budget initiative authorized by
371		-	the 96th General Assembly for fiscal year 2010 may be adopted
372		-	in accordance with this Section by the agency charged with
373		-	administering that provision or initiative. The adoption of
374		-	emergency rules authorized by this subsection (n) shall be
375		-	deemed to be necessary for the public interest, safety, and
376		-	welfare. The rulemaking authority granted in this subsection
377		-	(n) shall apply only to rules promulgated during Fiscal Year
378		-	2010.
379		-	(o) In order to provide for the expeditious and timely
380		-	implementation of the provisions of the State's fiscal year
381		-	2011 budget, emergency rules to implement any provision of
382		-	Public Act 96-958 or any other budget initiative authorized by
383		-	the 96th General Assembly for fiscal year 2011 may be adopted
384		-	in accordance with this Section by the agency charged with
385		-	administering that provision or initiative. The adoption of
386		-	emergency rules authorized by this subsection (o) is deemed to
387		-	be necessary for the public interest, safety, and welfare. The
388		-	rulemaking authority granted in this subsection (o) applies
389		-	only to rules promulgated on or after July 1, 2010 (the
390		-	effective date of Public Act 96-958) through June 30, 2011.
391		-	(p) In order to provide for the expeditious and timely
392		-	implementation of the provisions of Public Act 97-689,
393		-	emergency rules to implement any provision of Public Act
	176	+	SB1875 Enrolled- 6 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 6 - LRB103 28045 DTM 54424 b
	177	+	SB1875 Enrolled - 6 - LRB103 28045 DTM 54424 b
	178	+	1 Section is effective upon filing unless a later effective date
	179	+	2 is required by statute or is specified in the rulemaking.
	180	+	3 (e) No rule or modification or repeal of any rule may be
	181	+	4 adopted, or filed with the Secretary of State, more than one
	182	+	5 year after the date the first notice period for the rulemaking
	183	+	6 under subsection (b) commenced. Any period during which the
	184	+	7 rulemaking is prohibited from being filed under Section 5-115
	185	+	8 shall not be considered in calculating this one-year time
	186	+	9 period.
	187	+	10 (Source: P.A. 92-330, eff. 1-1-02.)
	188	+	11 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
	189	+	12 Sec. 5-45. Emergency rulemaking.
	190	+	13 (a) "Emergency" means the existence of any situation that
	191	+	14 any agency finds reasonably constitutes a threat to the public
	192	+	15 interest, safety, or welfare.
	193	+	16 (b) If any agency finds that an emergency exists that
	194	+	17 requires adoption of a rule upon fewer days than is required by
	195	+	18 Section 5-40 and states in writing its reasons for that
	196	+	19 finding, the agency may adopt an emergency rule without prior
	197	+	20 notice or hearing upon filing a notice of emergency rulemaking
	198	+	21 with the Secretary of State under Section 5-70. The notice
	199	+	22 shall include the text of the emergency rule and shall be
	200	+	23 published in the Illinois Register. Consent orders or other
	201	+	24 court orders adopting settlements negotiated by an agency may
	202	+	25 be adopted under this Section. Subject to applicable
394	203
395	204
396		-	97-689 may be adopted in accordance with this subsection (p)
397		-	by the agency charged with administering that provision or
398		-	initiative. The 150-day limitation of the effective period of
399		-	emergency rules does not apply to rules adopted under this
400		-	subsection (p), and the effective period may continue through
401		-	June 30, 2013. The 24-month limitation on the adoption of
402		-	emergency rules does not apply to rules adopted under this
403		-	subsection (p). The adoption of emergency rules authorized by
404		-	this subsection (p) is deemed to be necessary for the public
405		-	interest, safety, and welfare.
406		-	(q) In order to provide for the expeditious and timely
407		-	implementation of the provisions of Articles 7, 8, 9, 11, and
408		-	12 of Public Act 98-104, emergency rules to implement any
409		-	provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
410		-	may be adopted in accordance with this subsection (q) by the
411		-	agency charged with administering that provision or
412		-	initiative. The 24-month limitation on the adoption of
413		-	emergency rules does not apply to rules adopted under this
414		-	subsection (q). The adoption of emergency rules authorized by
415		-	this subsection (q) is deemed to be necessary for the public
416		-	interest, safety, and welfare.
417		-	(r) In order to provide for the expeditious and timely
418		-	implementation of the provisions of Public Act 98-651,
419		-	emergency rules to implement Public Act 98-651 may be adopted
420		-	in accordance with this subsection (r) by the Department of
421		-	Healthcare and Family Services. The 24-month limitation on the
422	205
423	206
424		-	adoption of emergency rules does not apply to rules adopted
425		-	under this subsection (r). The adoption of emergency rules
426		-	authorized by this subsection (r) is deemed to be necessary
427		-	for the public interest, safety, and welfare.
428		-	(s) In order to provide for the expeditious and timely
429		-	implementation of the provisions of Sections 5-5b.1 and 5A-2
430		-	of the Illinois Public Aid Code, emergency rules to implement
431		-	any provision of Section 5-5b.1 or Section 5A-2 of the
432		-	Illinois Public Aid Code may be adopted in accordance with
433		-	this subsection (s) by the Department of Healthcare and Family
434		-	Services. The rulemaking authority granted in this subsection
435		-	(s) shall apply only to those rules adopted prior to July 1,
436		-	2015. Notwithstanding any other provision of this Section, any
437		-	emergency rule adopted under this subsection (s) shall only
438		-	apply to payments made for State fiscal year 2015. The
439		-	adoption of emergency rules authorized by this subsection (s)
440		-	is deemed to be necessary for the public interest, safety, and
441		-	welfare.
442		-	(t) In order to provide for the expeditious and timely
443		-	implementation of the provisions of Article II of Public Act
444		-	99-6, emergency rules to implement the changes made by Article
445		-	II of Public Act 99-6 to the Emergency Telephone System Act may
446		-	be adopted in accordance with this subsection (t) by the
447		-	Department of State Police. The rulemaking authority granted
448		-	in this subsection (t) shall apply only to those rules adopted
449		-	prior to July 1, 2016. The 24-month limitation on the adoption
	207	+
	208	+	SB1875 Enrolled - 6 - LRB103 28045 DTM 54424 b
450	209
451	210
452		-	of emergency rules does not apply to rules adopted under this
453		-	subsection (t). The adoption of emergency rules authorized by
454		-	this subsection (t) is deemed to be necessary for the public
455		-	interest, safety, and welfare.
456		-	(u) In order to provide for the expeditious and timely
457		-	implementation of the provisions of the Burn Victims Relief
458		-	Act, emergency rules to implement any provision of the Act may
459		-	be adopted in accordance with this subsection (u) by the
460		-	Department of Insurance. The rulemaking authority granted in
461		-	this subsection (u) shall apply only to those rules adopted
462		-	prior to December 31, 2015. The adoption of emergency rules
463		-	authorized by this subsection (u) is deemed to be necessary
464		-	for the public interest, safety, and welfare.
465		-	(v) In order to provide for the expeditious and timely
466		-	implementation of the provisions of Public Act 99-516,
467		-	emergency rules to implement Public Act 99-516 may be adopted
468		-	in accordance with this subsection (v) by the Department of
469		-	Healthcare and Family Services. The 24-month limitation on the
470		-	adoption of emergency rules does not apply to rules adopted
471		-	under this subsection (v). The adoption of emergency rules
472		-	authorized by this subsection (v) is deemed to be necessary
473		-	for the public interest, safety, and welfare.
474		-	(w) In order to provide for the expeditious and timely
475		-	implementation of the provisions of Public Act 99-796,
476		-	emergency rules to implement the changes made by Public Act
477		-	99-796 may be adopted in accordance with this subsection (w)
	211	+	SB1875 Enrolled- 7 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 7 - LRB103 28045 DTM 54424 b
	212	+	SB1875 Enrolled - 7 - LRB103 28045 DTM 54424 b
	213	+	1 constitutional or statutory provisions, an emergency rule
	214	+	2 becomes effective immediately upon filing under Section 5-65
	215	+	3 or at a stated date less than 10 days thereafter. The agency's
	216	+	4 finding and a statement of the specific reasons for the
	217	+	5 finding shall be filed with the rule. The agency shall take
	218	+	6 reasonable and appropriate measures to make emergency rules
	219	+	7 known to the persons who may be affected by them. The agency
	220	+	8 shall accept data, views, arguments, or comments regarding the
	221	+	9 emergency rulemaking from any interested persons. The agency
	222	+	10 shall accept submissions in writing, including submissions by
	223	+	11 email or by other publicly accessible electronic means through
	224	+	12 its website. In the discretion of the agency, submissions may
	225	+	13 be submitted orally. The notice published in the Illinois
	226	+	14 Register shall indicate the manner selected by the agency for
	227	+	15 the submissions, including the email address or website
	228	+	16 address where submissions will be accepted. The agency shall
	229	+	17 consider all submissions received.
	230	+	18 (c) An emergency rule may be effective for a period of not
	231	+	19 longer than 150 days, but the agency's authority to adopt an
	232	+	20 identical rule under Section 5-40 is not precluded. No
	233	+	21 emergency rule may be adopted more than once in any 24-month
	234	+	22 period, except that this limitation on the number of emergency
	235	+	23 rules that may be adopted in a 24-month period does not apply
	236	+	24 to (i) emergency rules that make additions to and deletions
	237	+	25 from the Drug Manual under Section 5-5.16 of the Illinois
	238	+	26 Public Aid Code or the generic drug formulary under Section
478	239
479	240
480		-	by the Adjutant General. The adoption of emergency rules
481		-	authorized by this subsection (w) is deemed to be necessary
482		-	for the public interest, safety, and welfare.
483		-	(x) In order to provide for the expeditious and timely
484		-	implementation of the provisions of Public Act 99-906,
485		-	emergency rules to implement subsection (i) of Section
486		-	16-115D, subsection (g) of Section 16-128A, and subsection (a)
487		-	of Section 16-128B of the Public Utilities Act may be adopted
488		-	in accordance with this subsection (x) by the Illinois
489		-	Commerce Commission. The rulemaking authority granted in this
490		-	subsection (x) shall apply only to those rules adopted within
491		-	180 days after June 1, 2017 (the effective date of Public Act
492		-	99-906). The adoption of emergency rules authorized by this
493		-	subsection (x) is deemed to be necessary for the public
494		-	interest, safety, and welfare.
495		-	(y) In order to provide for the expeditious and timely
496		-	implementation of the provisions of Public Act 100-23,
497		-	emergency rules to implement the changes made by Public Act
498		-	100-23 to Section 4.02 of the Illinois Act on the Aging,
499		-	Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
500		-	Section 55-30 of the Alcoholism and Other Drug Abuse and
501		-	Dependency Act, and Sections 74 and 75 of the Mental Health and
502		-	Developmental Disabilities Administrative Act may be adopted
503		-	in accordance with this subsection (y) by the respective
504		-	Department. The adoption of emergency rules authorized by this
505		-	subsection (y) is deemed to be necessary for the public
506	241
507	242
508		-	interest, safety, and welfare.
509		-	(z) In order to provide for the expeditious and timely
510		-	implementation of the provisions of Public Act 100-554,
511		-	emergency rules to implement the changes made by Public Act
512		-	100-554 to Section 4.7 of the Lobbyist Registration Act may be
513		-	adopted in accordance with this subsection (z) by the
514		-	Secretary of State. The adoption of emergency rules authorized
515		-	by this subsection (z) is deemed to be necessary for the public
516		-	interest, safety, and welfare.
517		-	(aa) In order to provide for the expeditious and timely
518		-	initial implementation of the changes made to Articles 5, 5A,
519		-	12, and 14 of the Illinois Public Aid Code under the provisions
520		-	of Public Act 100-581, the Department of Healthcare and Family
521		-	Services may adopt emergency rules in accordance with this
522		-	subsection (aa). The 24-month limitation on the adoption of
523		-	emergency rules does not apply to rules to initially implement
524		-	the changes made to Articles 5, 5A, 12, and 14 of the Illinois
525		-	Public Aid Code adopted under this subsection (aa). The
526		-	adoption of emergency rules authorized by this subsection (aa)
527		-	is deemed to be necessary for the public interest, safety, and
528		-	welfare.
529		-	(bb) In order to provide for the expeditious and timely
530		-	implementation of the provisions of Public Act 100-587,
531		-	emergency rules to implement the changes made by Public Act
532		-	100-587 to Section 4.02 of the Illinois Act on the Aging,
533		-	Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
	243	+
	244	+	SB1875 Enrolled - 7 - LRB103 28045 DTM 54424 b
534	245
535	246
536		-	subsection (b) of Section 55-30 of the Alcoholism and Other
537		-	Drug Abuse and Dependency Act, Section 5-104 of the
538		-	Specialized Mental Health Rehabilitation Act of 2013, and
539		-	Section 75 and subsection (b) of Section 74 of the Mental
540		-	Health and Developmental Disabilities Administrative Act may
541		-	be adopted in accordance with this subsection (bb) by the
542		-	respective Department. The adoption of emergency rules
543		-	authorized by this subsection (bb) is deemed to be necessary
544		-	for the public interest, safety, and welfare.
545		-	(cc) In order to provide for the expeditious and timely
546		-	implementation of the provisions of Public Act 100-587,
547		-	emergency rules may be adopted in accordance with this
548		-	subsection (cc) to implement the changes made by Public Act
549		-	100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
550		-	Pension Code by the Board created under Article 14 of the Code;
551		-	Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
552		-	the Board created under Article 15 of the Code; and Sections
553		-	16-190.5 and 16-190.6 of the Illinois Pension Code by the
554		-	Board created under Article 16 of the Code. The adoption of
555		-	emergency rules authorized by this subsection (cc) is deemed
556		-	to be necessary for the public interest, safety, and welfare.
557		-	(dd) In order to provide for the expeditious and timely
558		-	implementation of the provisions of Public Act 100-864,
559		-	emergency rules to implement the changes made by Public Act
560		-	100-864 to Section 3.35 of the Newborn Metabolic Screening Act
561		-	may be adopted in accordance with this subsection (dd) by the
	247	+	SB1875 Enrolled- 8 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 8 - LRB103 28045 DTM 54424 b
	248	+	SB1875 Enrolled - 8 - LRB103 28045 DTM 54424 b
	249	+	1 3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
	250	+	2 emergency rules adopted by the Pollution Control Board before
	251	+	3 July 1, 1997 to implement portions of the Livestock Management
	252	+	4 Facilities Act, (iii) emergency rules adopted by the Illinois
	253	+	5 Department of Public Health under subsections (a) through (i)
	254	+	6 of Section 2 of the Department of Public Health Act when
	255	+	7 necessary to protect the public's health, (iv) emergency rules
	256	+	8 adopted pursuant to subsection (n) of this Section, (v)
	257	+	9 emergency rules adopted pursuant to subsection (o) of this
	258	+	10 Section, or (vi) emergency rules adopted pursuant to
	259	+	11 subsection (c-5) of this Section. Two or more emergency rules
	260	+	12 having substantially the same purpose and effect shall be
	261	+	13 deemed to be a single rule for purposes of this Section.
	262	+	14 (c-5) To facilitate the maintenance of the program of
	263	+	15 group health benefits provided to annuitants, survivors, and
	264	+	16 retired employees under the State Employees Group Insurance
	265	+	17 Act of 1971, rules to alter the contributions to be paid by the
	266	+	18 State, annuitants, survivors, retired employees, or any
	267	+	19 combination of those entities, for that program of group
	268	+	20 health benefits, shall be adopted as emergency rules. The
	269	+	21 adoption of those rules shall be considered an emergency and
	270	+	22 necessary for the public interest, safety, and welfare.
	271	+	23 (d) In order to provide for the expeditious and timely
	272	+	24 implementation of the State's fiscal year 1999 budget,
	273	+	25 emergency rules to implement any provision of Public Act
	274	+	26 90-587 or 90-588 or any other budget initiative for fiscal
562	275
563	276
564		-	Secretary of State. The adoption of emergency rules authorized
565		-	by this subsection (dd) is deemed to be necessary for the
566		-	public interest, safety, and welfare.
567		-	(ee) In order to provide for the expeditious and timely
568		-	implementation of the provisions of Public Act 100-1172,
569		-	emergency rules implementing the Illinois Underground Natural
570		-	Gas Storage Safety Act may be adopted in accordance with this
571		-	subsection by the Department of Natural Resources. The
572		-	adoption of emergency rules authorized by this subsection is
573		-	deemed to be necessary for the public interest, safety, and
574		-	welfare.
575		-	(ff) In order to provide for the expeditious and timely
576		-	initial implementation of the changes made to Articles 5A and
577		-	14 of the Illinois Public Aid Code under the provisions of
578		-	Public Act 100-1181, the Department of Healthcare and Family
579		-	Services may on a one-time-only basis adopt emergency rules in
580		-	accordance with this subsection (ff). The 24-month limitation
581		-	on the adoption of emergency rules does not apply to rules to
582		-	initially implement the changes made to Articles 5A and 14 of
583		-	the Illinois Public Aid Code adopted under this subsection
584		-	(ff). The adoption of emergency rules authorized by this
585		-	subsection (ff) is deemed to be necessary for the public
586		-	interest, safety, and welfare.
587		-	(gg) In order to provide for the expeditious and timely
588		-	implementation of the provisions of Public Act 101-1,
589		-	emergency rules may be adopted by the Department of Labor in
590	277
591	278
592		-	accordance with this subsection (gg) to implement the changes
593		-	made by Public Act 101-1 to the Minimum Wage Law. The adoption
594		-	of emergency rules authorized by this subsection (gg) is
595		-	deemed to be necessary for the public interest, safety, and
596		-	welfare.
597		-	(hh) In order to provide for the expeditious and timely
598		-	implementation of the provisions of Public Act 101-10,
599		-	emergency rules may be adopted in accordance with this
600		-	subsection (hh) to implement the changes made by Public Act
601		-	101-10 to subsection (j) of Section 5-5.2 of the Illinois
602		-	Public Aid Code. The adoption of emergency rules authorized by
603		-	this subsection (hh) is deemed to be necessary for the public
604		-	interest, safety, and welfare.
605		-	(ii) In order to provide for the expeditious and timely
606		-	implementation of the provisions of Public Act 101-10,
607		-	emergency rules to implement the changes made by Public Act
608		-	101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
609		-	Code may be adopted in accordance with this subsection (ii) by
610		-	the Department of Public Health. The adoption of emergency
611		-	rules authorized by this subsection (ii) is deemed to be
612		-	necessary for the public interest, safety, and welfare.
613		-	(jj) In order to provide for the expeditious and timely
614		-	implementation of the provisions of Public Act 101-10,
615		-	emergency rules to implement the changes made by Public Act
616		-	101-10 to Section 74 of the Mental Health and Developmental
617		-	Disabilities Administrative Act may be adopted in accordance
	279	+
	280	+	SB1875 Enrolled - 8 - LRB103 28045 DTM 54424 b
618	281
619	282
620		-	with this subsection (jj) by the Department of Human Services.
621		-	The adoption of emergency rules authorized by this subsection
622		-	(jj) is deemed to be necessary for the public interest,
623		-	safety, and welfare.
624		-	(kk) In order to provide for the expeditious and timely
625		-	implementation of the Cannabis Regulation and Tax Act, Public
626		-	Act 101-27, and Public Act 102-98, the Department of Revenue,
627		-	the Department of Public Health, the Department of
628		-	Agriculture, the Department of State Police, and the
629		-	Department of Financial and Professional Regulation may adopt
630		-	emergency rules in accordance with this subsection (kk). The
631		-	rulemaking authority granted in this subsection (kk) shall
632		-	apply only to rules adopted before December 31, 2021.
633		-	Notwithstanding the provisions of subsection (c), emergency
634		-	rules adopted under this subsection (kk) shall be effective
635		-	for 180 days. The adoption of emergency rules authorized by
636		-	this subsection (kk) is deemed to be necessary for the public
637		-	interest, safety, and welfare.
638		-	(ll) In order to provide for the expeditious and timely
639		-	implementation of the provisions of the Leveling the Playing
640		-	Field for Illinois Retail Act, emergency rules may be adopted
641		-	in accordance with this subsection (ll) to implement the
642		-	changes made by the Leveling the Playing Field for Illinois
643		-	Retail Act. The adoption of emergency rules authorized by this
644		-	subsection (ll) is deemed to be necessary for the public
645		-	interest, safety, and welfare.
	283	+	SB1875 Enrolled- 9 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 9 - LRB103 28045 DTM 54424 b
	284	+	SB1875 Enrolled - 9 - LRB103 28045 DTM 54424 b
	285	+	1 year 1999 may be adopted in accordance with this Section by the
	286	+	2 agency charged with administering that provision or
	287	+	3 initiative, except that the 24-month limitation on the
	288	+	4 adoption of emergency rules and the provisions of Sections
	289	+	5 5-115 and 5-125 do not apply to rules adopted under this
	290	+	6 subsection (d). The adoption of emergency rules authorized by
	291	+	7 this subsection (d) shall be deemed to be necessary for the
	292	+	8 public interest, safety, and welfare.
	293	+	9 (e) In order to provide for the expeditious and timely
	294	+	10 implementation of the State's fiscal year 2000 budget,
	295	+	11 emergency rules to implement any provision of Public Act 91-24
	296	+	12 or any other budget initiative for fiscal year 2000 may be
	297	+	13 adopted in accordance with this Section by the agency charged
	298	+	14 with administering that provision or initiative, except that
	299	+	15 the 24-month limitation on the adoption of emergency rules and
	300	+	16 the provisions of Sections 5-115 and 5-125 do not apply to
	301	+	17 rules adopted under this subsection (e). The adoption of
	302	+	18 emergency rules authorized by this subsection (e) shall be
	303	+	19 deemed to be necessary for the public interest, safety, and
	304	+	20 welfare.
	305	+	21 (f) In order to provide for the expeditious and timely
	306	+	22 implementation of the State's fiscal year 2001 budget,
	307	+	23 emergency rules to implement any provision of Public Act
	308	+	24 91-712 or any other budget initiative for fiscal year 2001 may
	309	+	25 be adopted in accordance with this Section by the agency
	310	+	26 charged with administering that provision or initiative,
646	311
647	312
648		-	(mm) In order to provide for the expeditious and timely
649		-	implementation of the provisions of Section 25-70 of the
650		-	Sports Wagering Act, emergency rules to implement Section
651		-	25-70 of the Sports Wagering Act may be adopted in accordance
652		-	with this subsection (mm) by the Department of the Lottery as
653		-	provided in the Sports Wagering Act. The adoption of emergency
654		-	rules authorized by this subsection (mm) is deemed to be
655		-	necessary for the public interest, safety, and welfare.
656		-	(nn) In order to provide for the expeditious and timely
657		-	implementation of the Sports Wagering Act, emergency rules to
658		-	implement the Sports Wagering Act may be adopted in accordance
659		-	with this subsection (nn) by the Illinois Gaming Board. The
660		-	adoption of emergency rules authorized by this subsection (nn)
661		-	is deemed to be necessary for the public interest, safety, and
662		-	welfare.
663		-	(oo) In order to provide for the expeditious and timely
664		-	implementation of the provisions of subsection (c) of Section
665		-	20 of the Video Gaming Act, emergency rules to implement the
666		-	provisions of subsection (c) of Section 20 of the Video Gaming
667		-	Act may be adopted in accordance with this subsection (oo) by
668		-	the Illinois Gaming Board. The adoption of emergency rules
669		-	authorized by this subsection (oo) is deemed to be necessary
670		-	for the public interest, safety, and welfare.
671		-	(pp) In order to provide for the expeditious and timely
672		-	implementation of the provisions of Section 50 of the Sexual
673		-	Assault Evidence Submission Act, emergency rules to implement
674	313
675	314
676		-	Section 50 of the Sexual Assault Evidence Submission Act may
677		-	be adopted in accordance with this subsection (pp) by the
678		-	Department of State Police. The adoption of emergency rules
679		-	authorized by this subsection (pp) is deemed to be necessary
680		-	for the public interest, safety, and welfare.
681		-	(qq) In order to provide for the expeditious and timely
682		-	implementation of the provisions of the Illinois Works Jobs
683		-	Program Act, emergency rules may be adopted in accordance with
684		-	this subsection (qq) to implement the Illinois Works Jobs
685		-	Program Act. The adoption of emergency rules authorized by
686		-	this subsection (qq) is deemed to be necessary for the public
687		-	interest, safety, and welfare.
688		-	(rr) In order to provide for the expeditious and timely
689		-	implementation of the provisions of subsection (c) of Section
690		-	2-3.130 of the School Code, emergency rules to implement
691		-	subsection (c) of Section 2-3.130 of the School Code may be
692		-	adopted in accordance with this subsection (rr) by the State
693		-	Board of Education. The adoption of emergency rules authorized
694		-	by this subsection (rr) is deemed to be necessary for the
695		-	public interest, safety, and welfare.
696		-	(Source: P.A. 101-1, eff. 2-19-19; 101-10, Article 20, Section
697		-	20-5, eff. 6-5-19; 101-10, Article 35, Section 35-5, eff.
698		-	6-5-19; 101-27, eff. 6-25-19; 101-31, Article 15, Section
699		-	15-5, eff. 6-28-19; 101-31, Article 25, Section 25-900, eff.
700		-	6-28-19; 101-31, Article 35, Section 35-3, eff. 6-28-19;
701		-	101-377, eff. 8-16-19; 101-601, eff. 12-10-19; 102-98, eff.
	315	+
	316	+	SB1875 Enrolled - 9 - LRB103 28045 DTM 54424 b
702	317
703	318
704		-	7-15-21; 102-339, eff. 8-13-21; 102-813, eff. 5-13-22.)
705		-	(5 ILCS 100/5-50) (from Ch. 127, par. 1005-50)
706		-	Sec. 5-50. Peremptory rulemaking. "Peremptory rulemaking"
707		-	means any rulemaking that is required as a result of federal
708		-	law, federal rules and regulations, an order of a court, or a
709		-	collective bargaining agreement pursuant to subsection (d) of
710		-	Section 1-5, under conditions that preclude compliance with
711		-	the general rulemaking requirements imposed by Section 5-40
712		-	and that preclude the exercise of discretion by the agency as
713		-	to the content of the rule it is required to adopt. Peremptory
714		-	rulemaking shall not be used to implement consent orders or
715		-	other court orders adopting settlements negotiated by the
716		-	agency. If any agency finds that peremptory rulemaking is
717		-	necessary and states in writing its reasons for that finding,
718		-	the agency may adopt peremptory rulemaking upon filing a
719		-	notice of rulemaking with the Secretary of State under Section
720		-	5-70. The notice shall be published in the Illinois Register.
721		-	The agency shall accept data, views, arguments, or comments
722		-	regarding the peremptory rulemaking. The agency shall accept
723		-	submissions in writing, including submissions by email or by
724		-	other publicly accessible electronic means through its
725		-	website. In the discretion of the agency, submissions may be
726		-	submitted orally. The notice published in the Illinois
727		-	Register shall indicate the manner selected by the agency for
728		-	the submissions, including the email address or website
	319	+	SB1875 Enrolled- 10 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 10 - LRB103 28045 DTM 54424 b
	320	+	SB1875 Enrolled - 10 - LRB103 28045 DTM 54424 b
	321	+	1 except that the 24-month limitation on the adoption of
	322	+	2 emergency rules and the provisions of Sections 5-115 and 5-125
	323	+	3 do not apply to rules adopted under this subsection (f). The
	324	+	4 adoption of emergency rules authorized by this subsection (f)
	325	+	5 shall be deemed to be necessary for the public interest,
	326	+	6 safety, and welfare.
	327	+	7 (g) In order to provide for the expeditious and timely
	328	+	8 implementation of the State's fiscal year 2002 budget,
	329	+	9 emergency rules to implement any provision of Public Act 92-10
	330	+	10 or any other budget initiative for fiscal year 2002 may be
	331	+	11 adopted in accordance with this Section by the agency charged
	332	+	12 with administering that provision or initiative, except that
	333	+	13 the 24-month limitation on the adoption of emergency rules and
	334	+	14 the provisions of Sections 5-115 and 5-125 do not apply to
	335	+	15 rules adopted under this subsection (g). The adoption of
	336	+	16 emergency rules authorized by this subsection (g) shall be
	337	+	17 deemed to be necessary for the public interest, safety, and
	338	+	18 welfare.
	339	+	19 (h) In order to provide for the expeditious and timely
	340	+	20 implementation of the State's fiscal year 2003 budget,
	341	+	21 emergency rules to implement any provision of Public Act
	342	+	22 92-597 or any other budget initiative for fiscal year 2003 may
	343	+	23 be adopted in accordance with this Section by the agency
	344	+	24 charged with administering that provision or initiative,
	345	+	25 except that the 24-month limitation on the adoption of
	346	+	26 emergency rules and the provisions of Sections 5-115 and 5-125
729	347
730	348
731		-	address where submissions will be accepted. The agency shall
732		-	consider all submissions received. A rule adopted under the
733		-	peremptory rulemaking provisions of this Section becomes
734		-	effective immediately upon filing with the Secretary of State
735		-	and in the agency's principal office, or at a date required or
736		-	authorized by the relevant federal law, federal rules and
737		-	regulations, or court order, as stated in the notice of
738		-	rulemaking. Notice of rulemaking under this Section shall be
739		-	published in the Illinois Register, shall specifically refer
740		-	to the appropriate State or federal court order or federal
741		-	law, rules, and regulations, and shall be in a form as the
742		-	Secretary of State may reasonably prescribe by rule. The
743		-	agency shall file the notice of peremptory rulemaking within
744		-	30 days after a change in rules is required.
745		-	The Department of Healthcare and Family Services may adopt
746		-	peremptory rulemaking under the terms and conditions of this
747		-	Section to implement final payments included in a State
748		-	Medicaid Plan Amendment approved by the Centers for Medicare
749		-	and Medicaid Services of the United States Department of
750		-	Health and Human Services and authorized under Section 5A-12.2
751		-	of the Illinois Public Aid Code, and to adjust hospital
752		-	provider assessments as Medicaid Provider-Specific Taxes
753		-	permitted by Title XIX of the federal Social Security Act and
754		-	authorized under Section 5A-2 of the Illinois Public Aid Code.
755		-	(Source: P.A. 95-859, eff. 8-19-08.)
756	349
757	350
758		-	(5 ILCS 100/5-60) (from Ch. 127, par. 1005-60)
759		-	Sec. 5-60. Regulatory agenda. An agency shall submit for
760		-	publication in the Illinois Register by January 1 and July 1 of
761		-	each year a regulatory agenda to elicit public comments
762		-	concerning any rule that the agency is considering proposing
763		-	but for which no notice of proposed rulemaking activity has
764		-	been submitted to the Illinois Register. A regulatory agenda
765		-	shall consist of summaries of those rules. Each summary shall,
766		-	in less than 2,000 words, contain the following when
767		-	practicable:
768		-	(1) A description of the rule.
769		-	(2) The statutory authority the agency is exercising.
770		-	(3) A schedule of the dates for any hearings,
771		-	meetings, or other opportunities for public participation
772		-	in the development of the rule.
773		-	(4) The date the agency anticipates submitting a
774		-	notice of proposed rulemaking activity, if known.
775		-	(5) The name, address, email address, and telephone
776		-	number of the agency representative who is knowledgeable
777		-	about the rule, from whom any information may be obtained,
778		-	and to whom written comments may be submitted concerning
779		-	the rule.
780		-	(6) A statement whether the rule will affect small
781		-	businesses, not for profit corporations, or small
782		-	municipalities as defined in this Act.
783		-	(7) Any other information that may serve the public
	351	+
	352	+	SB1875 Enrolled - 10 - LRB103 28045 DTM 54424 b
784	353
785	354
786		-	interest.
787		-	Nothing in this Section shall preclude an agency from
788		-	adopting a rule that has not been summarized in a regulatory
789		-	agenda or from adopting a rule different than one summarized
790		-	in a regulatory agenda if in the agency head's best judgment it
791		-	is necessary. If an agency finds that a situation exists that
792		-	requires adoption of a rule that was not summarized on either
793		-	of the 2 most recent regulatory agendas, it shall state its
794		-	reasons in writing together with the facts that form their
795		-	basis upon filing the notice of proposed rulemaking with the
796		-	Secretary of State under Section 5-40. Nothing in this Section
797		-	shall require an agency to adopt a rule summarized in a
798		-	regulatory agenda. The Secretary of State shall adopt rules
799		-	necessary for the publication of a regulatory agenda,
800		-	including but not limited to standard submission forms and
801		-	deadlines.
802		-	(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
803		-	(5 ILCS 100/5-65) (from Ch. 127, par. 1005-65)
804		-	Sec. 5-65. Filing of rules.
805		-	(a) Each agency shall file in the office of the Secretary
806		-	of State and in the agency's principal office a certified copy
807		-	of each rule and modification or repeal of any rule adopted by
808		-	it. The Secretary of State and the agency shall each keep a
809		-	permanent register of the rules open to public inspection.
810		-	Whenever a rule or modification or repeal of any rule is
	355	+	SB1875 Enrolled- 11 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 11 - LRB103 28045 DTM 54424 b
	356	+	SB1875 Enrolled - 11 - LRB103 28045 DTM 54424 b
	357	+	1 do not apply to rules adopted under this subsection (h). The
	358	+	2 adoption of emergency rules authorized by this subsection (h)
	359	+	3 shall be deemed to be necessary for the public interest,
	360	+	4 safety, and welfare.
	361	+	5 (i) In order to provide for the expeditious and timely
	362	+	6 implementation of the State's fiscal year 2004 budget,
	363	+	7 emergency rules to implement any provision of Public Act 93-20
	364	+	8 or any other budget initiative for fiscal year 2004 may be
	365	+	9 adopted in accordance with this Section by the agency charged
	366	+	10 with administering that provision or initiative, except that
	367	+	11 the 24-month limitation on the adoption of emergency rules and
	368	+	12 the provisions of Sections 5-115 and 5-125 do not apply to
	369	+	13 rules adopted under this subsection (i). The adoption of
	370	+	14 emergency rules authorized by this subsection (i) shall be
	371	+	15 deemed to be necessary for the public interest, safety, and
	372	+	16 welfare.
	373	+	17 (j) In order to provide for the expeditious and timely
	374	+	18 implementation of the provisions of the State's fiscal year
	375	+	19 2005 budget as provided under the Fiscal Year 2005 Budget
	376	+	20 Implementation (Human Services) Act, emergency rules to
	377	+	21 implement any provision of the Fiscal Year 2005 Budget
	378	+	22 Implementation (Human Services) Act may be adopted in
	379	+	23 accordance with this Section by the agency charged with
	380	+	24 administering that provision, except that the 24-month
	381	+	25 limitation on the adoption of emergency rules and the
	382	+	26 provisions of Sections 5-115 and 5-125 do not apply to rules
811	383
812	384
813		-	filed with the Secretary of State, the Secretary shall send a
814		-	certified copy of the rule, modification or repeal, within 3
815		-	working days after it is filed, to the Joint Committee on
816		-	Administrative Rules.
817		-	(b) Concurrent with the filing of any rule under this
818		-	Section, the filing agency shall submit to the Secretary of
819		-	State for publication in the next available issue of the
820		-	Illinois Register a notice of adopted rules. The notice shall
821		-	include the following:
822		-	(1) The text of the adopted rule, including the full
823		-	text of the new rule (if the material is a new rule), the
824		-	full text of the rule or rules as amended (if the material
825		-	is an amendment to a rule or rules), or the notice of
826		-	repeal (if the material is a repealer).
827		-	(2) The name, address, email address, and telephone
828		-	number of an individual who will be available to answer
829		-	questions and provide information to the public concerning
830		-	the adopted rules.
831		-	(3) Other information that the Secretary of State may
832		-	by rule require in the interest of informing the public.
833		-	(Source: P.A. 87-823; 87-830; 87-895.)
834		-	Section 10. The Uniform Electronic Transactions Act is
835		-	amended by changing Section 18 as follows:
836		-	(815 ILCS 333/18)
837	385
838	386
839		-	Sec. 18. Acceptance and distribution of electronic records
840		-	by governmental agencies.
841		-	(a) Except as otherwise provided in Section 12(f), each
842		-	governmental agency of this State shall determine whether, and
843		-	the extent to which, it will send and accept electronic
844		-	records and electronic signatures to and from other persons
845		-	and otherwise create, generate, communicate, store, process,
846		-	use, and rely upon electronic records and electronic
847		-	signatures.
848		-	(b) To the extent that a governmental agency uses
849		-	electronic records and electronic signatures under subsection
850		-	(a), the Department of Innovation and Technology and the
851		-	Secretary of State, pursuant to their rulemaking authority
852		-	under other law and giving due consideration to security,
853		-	shall, no later than 6 months after the effective date of this
854		-	amendatory Act of the 103rd General Assembly, adopt
855		-	administrative rules that may specify:
856		-	(1) the manner and format in which the electronic
857		-	records must be created, generated, sent, communicated,
858		-	received, and stored and the systems established for those
859		-	purposes;
860		-	(2) if electronic records must be signed by electronic
861		-	means, the type of electronic signature required, the
862		-	manner and format in which the electronic signature must
863		-	be affixed to the electronic record, and the identity of,
864		-	or criteria that must be met by, any third party used by a
	387	+
	388	+	SB1875 Enrolled - 11 - LRB103 28045 DTM 54424 b
865	389
866	390
867		-	person filing a document to facilitate the process;
868		-	(3) control processes and procedures as appropriate to
869		-	ensure adequate preservation, disposition, integrity,
870		-	security, confidentiality, and auditability of electronic
871		-	records; and
872		-	(4) any other required attributes for electronic
873		-	records which are specified for corresponding
874		-	nonelectronic records or reasonably necessary under the
875		-	circumstances.
876		-	(c) Except as otherwise provided in Section 12(f), this
877		-	Act does not require a governmental agency of this State to use
878		-	or permit the use of electronic records or electronic
879		-	signatures.
880		-	(Source: P.A. 102-38, eff. 6-25-21.)
881		-	Section 99. Effective date. This Act takes effect upon
882		-	becoming law.
	391	+	SB1875 Enrolled- 12 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 12 - LRB103 28045 DTM 54424 b
	392	+	SB1875 Enrolled - 12 - LRB103 28045 DTM 54424 b
	393	+	1 adopted under this subsection (j). The Department of Public
	394	+	2 Aid may also adopt rules under this subsection (j) necessary
	395	+	3 to administer the Illinois Public Aid Code and the Children's
	396	+	4 Health Insurance Program Act. The adoption of emergency rules
	397	+	5 authorized by this subsection (j) shall be deemed to be
	398	+	6 necessary for the public interest, safety, and welfare.
	399	+	7 (k) In order to provide for the expeditious and timely
	400	+	8 implementation of the provisions of the State's fiscal year
	401	+	9 2006 budget, emergency rules to implement any provision of
	402	+	10 Public Act 94-48 or any other budget initiative for fiscal
	403	+	11 year 2006 may be adopted in accordance with this Section by the
	404	+	12 agency charged with administering that provision or
	405	+	13 initiative, except that the 24-month limitation on the
	406	+	14 adoption of emergency rules and the provisions of Sections
	407	+	15 5-115 and 5-125 do not apply to rules adopted under this
	408	+	16 subsection (k). The Department of Healthcare and Family
	409	+	17 Services may also adopt rules under this subsection (k)
	410	+	18 necessary to administer the Illinois Public Aid Code, the
	411	+	19 Senior Citizens and Persons with Disabilities Property Tax
	412	+	20 Relief Act, the Senior Citizens and Disabled Persons
	413	+	21 Prescription Drug Discount Program Act (now the Illinois
	414	+	22 Prescription Drug Discount Program Act), and the Children's
	415	+	23 Health Insurance Program Act. The adoption of emergency rules
	416	+	24 authorized by this subsection (k) shall be deemed to be
	417	+	25 necessary for the public interest, safety, and welfare.
	418	+	26 (l) In order to provide for the expeditious and timely
	419	+
	420	+
	421	+
	422	+
	423	+
	424	+	SB1875 Enrolled - 12 - LRB103 28045 DTM 54424 b
	425	+
	426	+
	427	+	SB1875 Enrolled- 13 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 13 - LRB103 28045 DTM 54424 b
	428	+	SB1875 Enrolled - 13 - LRB103 28045 DTM 54424 b
	429	+	1 implementation of the provisions of the State's fiscal year
	430	+	2 2007 budget, the Department of Healthcare and Family Services
	431	+	3 may adopt emergency rules during fiscal year 2007, including
	432	+	4 rules effective July 1, 2007, in accordance with this
	433	+	5 subsection to the extent necessary to administer the
	434	+	6 Department's responsibilities with respect to amendments to
	435	+	7 the State plans and Illinois waivers approved by the federal
	436	+	8 Centers for Medicare and Medicaid Services necessitated by the
	437	+	9 requirements of Title XIX and Title XXI of the federal Social
	438	+	10 Security Act. The adoption of emergency rules authorized by
	439	+	11 this subsection (l) shall be deemed to be necessary for the
	440	+	12 public interest, safety, and welfare.
	441	+	13 (m) In order to provide for the expeditious and timely
	442	+	14 implementation of the provisions of the State's fiscal year
	443	+	15 2008 budget, the Department of Healthcare and Family Services
	444	+	16 may adopt emergency rules during fiscal year 2008, including
	445	+	17 rules effective July 1, 2008, in accordance with this
	446	+	18 subsection to the extent necessary to administer the
	447	+	19 Department's responsibilities with respect to amendments to
	448	+	20 the State plans and Illinois waivers approved by the federal
	449	+	21 Centers for Medicare and Medicaid Services necessitated by the
	450	+	22 requirements of Title XIX and Title XXI of the federal Social
	451	+	23 Security Act. The adoption of emergency rules authorized by
	452	+	24 this subsection (m) shall be deemed to be necessary for the
	453	+	25 public interest, safety, and welfare.
	454	+	26 (n) In order to provide for the expeditious and timely
	455	+
	456	+
	457	+
	458	+
	459	+
	460	+	SB1875 Enrolled - 13 - LRB103 28045 DTM 54424 b
	461	+
	462	+
	463	+	SB1875 Enrolled- 14 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 14 - LRB103 28045 DTM 54424 b
	464	+	SB1875 Enrolled - 14 - LRB103 28045 DTM 54424 b
	465	+	1 implementation of the provisions of the State's fiscal year
	466	+	2 2010 budget, emergency rules to implement any provision of
	467	+	3 Public Act 96-45 or any other budget initiative authorized by
	468	+	4 the 96th General Assembly for fiscal year 2010 may be adopted
	469	+	5 in accordance with this Section by the agency charged with
	470	+	6 administering that provision or initiative. The adoption of
	471	+	7 emergency rules authorized by this subsection (n) shall be
	472	+	8 deemed to be necessary for the public interest, safety, and
	473	+	9 welfare. The rulemaking authority granted in this subsection
	474	+	10 (n) shall apply only to rules promulgated during Fiscal Year
	475	+	11 2010.
	476	+	12 (o) In order to provide for the expeditious and timely
	477	+	13 implementation of the provisions of the State's fiscal year
	478	+	14 2011 budget, emergency rules to implement any provision of
	479	+	15 Public Act 96-958 or any other budget initiative authorized by
	480	+	16 the 96th General Assembly for fiscal year 2011 may be adopted
	481	+	17 in accordance with this Section by the agency charged with
	482	+	18 administering that provision or initiative. The adoption of
	483	+	19 emergency rules authorized by this subsection (o) is deemed to
	484	+	20 be necessary for the public interest, safety, and welfare. The
	485	+	21 rulemaking authority granted in this subsection (o) applies
	486	+	22 only to rules promulgated on or after July 1, 2010 (the
	487	+	23 effective date of Public Act 96-958) through June 30, 2011.
	488	+	24 (p) In order to provide for the expeditious and timely
	489	+	25 implementation of the provisions of Public Act 97-689,
	490	+	26 emergency rules to implement any provision of Public Act
	491	+
	492	+
	493	+
	494	+
	495	+
	496	+	SB1875 Enrolled - 14 - LRB103 28045 DTM 54424 b
	497	+
	498	+
	499	+	SB1875 Enrolled- 15 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 15 - LRB103 28045 DTM 54424 b
	500	+	SB1875 Enrolled - 15 - LRB103 28045 DTM 54424 b
	501	+	1 97-689 may be adopted in accordance with this subsection (p)
	502	+	2 by the agency charged with administering that provision or
	503	+	3 initiative. The 150-day limitation of the effective period of
	504	+	4 emergency rules does not apply to rules adopted under this
	505	+	5 subsection (p), and the effective period may continue through
	506	+	6 June 30, 2013. The 24-month limitation on the adoption of
	507	+	7 emergency rules does not apply to rules adopted under this
	508	+	8 subsection (p). The adoption of emergency rules authorized by
	509	+	9 this subsection (p) is deemed to be necessary for the public
	510	+	10 interest, safety, and welfare.
	511	+	11 (q) In order to provide for the expeditious and timely
	512	+	12 implementation of the provisions of Articles 7, 8, 9, 11, and
	513	+	13 12 of Public Act 98-104, emergency rules to implement any
	514	+	14 provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
	515	+	15 may be adopted in accordance with this subsection (q) by the
	516	+	16 agency charged with administering that provision or
	517	+	17 initiative. The 24-month limitation on the adoption of
	518	+	18 emergency rules does not apply to rules adopted under this
	519	+	19 subsection (q). The adoption of emergency rules authorized by
	520	+	20 this subsection (q) is deemed to be necessary for the public
	521	+	21 interest, safety, and welfare.
	522	+	22 (r) In order to provide for the expeditious and timely
	523	+	23 implementation of the provisions of Public Act 98-651,
	524	+	24 emergency rules to implement Public Act 98-651 may be adopted
	525	+	25 in accordance with this subsection (r) by the Department of
	526	+	26 Healthcare and Family Services. The 24-month limitation on the
	527	+
	528	+
	529	+
	530	+
	531	+
	532	+	SB1875 Enrolled - 15 - LRB103 28045 DTM 54424 b
	533	+
	534	+
	535	+	SB1875 Enrolled- 16 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 16 - LRB103 28045 DTM 54424 b
	536	+	SB1875 Enrolled - 16 - LRB103 28045 DTM 54424 b
	537	+	1 adoption of emergency rules does not apply to rules adopted
	538	+	2 under this subsection (r). The adoption of emergency rules
	539	+	3 authorized by this subsection (r) is deemed to be necessary
	540	+	4 for the public interest, safety, and welfare.
	541	+	5 (s) In order to provide for the expeditious and timely
	542	+	6 implementation of the provisions of Sections 5-5b.1 and 5A-2
	543	+	7 of the Illinois Public Aid Code, emergency rules to implement
	544	+	8 any provision of Section 5-5b.1 or Section 5A-2 of the
	545	+	9 Illinois Public Aid Code may be adopted in accordance with
	546	+	10 this subsection (s) by the Department of Healthcare and Family
	547	+	11 Services. The rulemaking authority granted in this subsection
	548	+	12 (s) shall apply only to those rules adopted prior to July 1,
	549	+	13 2015. Notwithstanding any other provision of this Section, any
	550	+	14 emergency rule adopted under this subsection (s) shall only
	551	+	15 apply to payments made for State fiscal year 2015. The
	552	+	16 adoption of emergency rules authorized by this subsection (s)
	553	+	17 is deemed to be necessary for the public interest, safety, and
	554	+	18 welfare.
	555	+	19 (t) In order to provide for the expeditious and timely
	556	+	20 implementation of the provisions of Article II of Public Act
	557	+	21 99-6, emergency rules to implement the changes made by Article
	558	+	22 II of Public Act 99-6 to the Emergency Telephone System Act may
	559	+	23 be adopted in accordance with this subsection (t) by the
	560	+	24 Department of State Police. The rulemaking authority granted
	561	+	25 in this subsection (t) shall apply only to those rules adopted
	562	+	26 prior to July 1, 2016. The 24-month limitation on the adoption
	563	+
	564	+
	565	+
	566	+
	567	+
	568	+	SB1875 Enrolled - 16 - LRB103 28045 DTM 54424 b
	569	+
	570	+
	571	+	SB1875 Enrolled- 17 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 17 - LRB103 28045 DTM 54424 b
	572	+	SB1875 Enrolled - 17 - LRB103 28045 DTM 54424 b
	573	+	1 of emergency rules does not apply to rules adopted under this
	574	+	2 subsection (t). The adoption of emergency rules authorized by
	575	+	3 this subsection (t) is deemed to be necessary for the public
	576	+	4 interest, safety, and welfare.
	577	+	5 (u) In order to provide for the expeditious and timely
	578	+	6 implementation of the provisions of the Burn Victims Relief
	579	+	7 Act, emergency rules to implement any provision of the Act may
	580	+	8 be adopted in accordance with this subsection (u) by the
	581	+	9 Department of Insurance. The rulemaking authority granted in
	582	+	10 this subsection (u) shall apply only to those rules adopted
	583	+	11 prior to December 31, 2015. The adoption of emergency rules
	584	+	12 authorized by this subsection (u) is deemed to be necessary
	585	+	13 for the public interest, safety, and welfare.
	586	+	14 (v) In order to provide for the expeditious and timely
	587	+	15 implementation of the provisions of Public Act 99-516,
	588	+	16 emergency rules to implement Public Act 99-516 may be adopted
	589	+	17 in accordance with this subsection (v) by the Department of
	590	+	18 Healthcare and Family Services. The 24-month limitation on the
	591	+	19 adoption of emergency rules does not apply to rules adopted
	592	+	20 under this subsection (v). The adoption of emergency rules
	593	+	21 authorized by this subsection (v) is deemed to be necessary
	594	+	22 for the public interest, safety, and welfare.
	595	+	23 (w) In order to provide for the expeditious and timely
	596	+	24 implementation of the provisions of Public Act 99-796,
	597	+	25 emergency rules to implement the changes made by Public Act
	598	+	26 99-796 may be adopted in accordance with this subsection (w)
	599	+
	600	+
	601	+
	602	+
	603	+
	604	+	SB1875 Enrolled - 17 - LRB103 28045 DTM 54424 b
	605	+
	606	+
	607	+	SB1875 Enrolled- 18 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 18 - LRB103 28045 DTM 54424 b
	608	+	SB1875 Enrolled - 18 - LRB103 28045 DTM 54424 b
	609	+	1 by the Adjutant General. The adoption of emergency rules
	610	+	2 authorized by this subsection (w) is deemed to be necessary
	611	+	3 for the public interest, safety, and welfare.
	612	+	4 (x) In order to provide for the expeditious and timely
	613	+	5 implementation of the provisions of Public Act 99-906,
	614	+	6 emergency rules to implement subsection (i) of Section
	615	+	7 16-115D, subsection (g) of Section 16-128A, and subsection (a)
	616	+	8 of Section 16-128B of the Public Utilities Act may be adopted
	617	+	9 in accordance with this subsection (x) by the Illinois
	618	+	10 Commerce Commission. The rulemaking authority granted in this
	619	+	11 subsection (x) shall apply only to those rules adopted within
	620	+	12 180 days after June 1, 2017 (the effective date of Public Act
	621	+	13 99-906). The adoption of emergency rules authorized by this
	622	+	14 subsection (x) is deemed to be necessary for the public
	623	+	15 interest, safety, and welfare.
	624	+	16 (y) In order to provide for the expeditious and timely
	625	+	17 implementation of the provisions of Public Act 100-23,
	626	+	18 emergency rules to implement the changes made by Public Act
	627	+	19 100-23 to Section 4.02 of the Illinois Act on the Aging,
	628	+	20 Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
	629	+	21 Section 55-30 of the Alcoholism and Other Drug Abuse and
	630	+	22 Dependency Act, and Sections 74 and 75 of the Mental Health and
	631	+	23 Developmental Disabilities Administrative Act may be adopted
	632	+	24 in accordance with this subsection (y) by the respective
	633	+	25 Department. The adoption of emergency rules authorized by this
	634	+	26 subsection (y) is deemed to be necessary for the public
	635	+
	636	+
	637	+
	638	+
	639	+
	640	+	SB1875 Enrolled - 18 - LRB103 28045 DTM 54424 b
	641	+
	642	+
	643	+	SB1875 Enrolled- 19 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 19 - LRB103 28045 DTM 54424 b
	644	+	SB1875 Enrolled - 19 - LRB103 28045 DTM 54424 b
	645	+	1 interest, safety, and welfare.
	646	+	2 (z) In order to provide for the expeditious and timely
	647	+	3 implementation of the provisions of Public Act 100-554,
	648	+	4 emergency rules to implement the changes made by Public Act
	649	+	5 100-554 to Section 4.7 of the Lobbyist Registration Act may be
	650	+	6 adopted in accordance with this subsection (z) by the
	651	+	7 Secretary of State. The adoption of emergency rules authorized
	652	+	8 by this subsection (z) is deemed to be necessary for the public
	653	+	9 interest, safety, and welfare.
	654	+	10 (aa) In order to provide for the expeditious and timely
	655	+	11 initial implementation of the changes made to Articles 5, 5A,
	656	+	12 12, and 14 of the Illinois Public Aid Code under the provisions
	657	+	13 of Public Act 100-581, the Department of Healthcare and Family
	658	+	14 Services may adopt emergency rules in accordance with this
	659	+	15 subsection (aa). The 24-month limitation on the adoption of
	660	+	16 emergency rules does not apply to rules to initially implement
	661	+	17 the changes made to Articles 5, 5A, 12, and 14 of the Illinois
	662	+	18 Public Aid Code adopted under this subsection (aa). The
	663	+	19 adoption of emergency rules authorized by this subsection (aa)
	664	+	20 is deemed to be necessary for the public interest, safety, and
	665	+	21 welfare.
	666	+	22 (bb) In order to provide for the expeditious and timely
	667	+	23 implementation of the provisions of Public Act 100-587,
	668	+	24 emergency rules to implement the changes made by Public Act
	669	+	25 100-587 to Section 4.02 of the Illinois Act on the Aging,
	670	+	26 Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
	671	+
	672	+
	673	+
	674	+
	675	+
	676	+	SB1875 Enrolled - 19 - LRB103 28045 DTM 54424 b
	677	+
	678	+
	679	+	SB1875 Enrolled- 20 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 20 - LRB103 28045 DTM 54424 b
	680	+	SB1875 Enrolled - 20 - LRB103 28045 DTM 54424 b
	681	+	1 subsection (b) of Section 55-30 of the Alcoholism and Other
	682	+	2 Drug Abuse and Dependency Act, Section 5-104 of the
	683	+	3 Specialized Mental Health Rehabilitation Act of 2013, and
	684	+	4 Section 75 and subsection (b) of Section 74 of the Mental
	685	+	5 Health and Developmental Disabilities Administrative Act may
	686	+	6 be adopted in accordance with this subsection (bb) by the
	687	+	7 respective Department. The adoption of emergency rules
	688	+	8 authorized by this subsection (bb) is deemed to be necessary
	689	+	9 for the public interest, safety, and welfare.
	690	+	10 (cc) In order to provide for the expeditious and timely
	691	+	11 implementation of the provisions of Public Act 100-587,
	692	+	12 emergency rules may be adopted in accordance with this
	693	+	13 subsection (cc) to implement the changes made by Public Act
	694	+	14 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
	695	+	15 Pension Code by the Board created under Article 14 of the Code;
	696	+	16 Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
	697	+	17 the Board created under Article 15 of the Code; and Sections
	698	+	18 16-190.5 and 16-190.6 of the Illinois Pension Code by the
	699	+	19 Board created under Article 16 of the Code. The adoption of
	700	+	20 emergency rules authorized by this subsection (cc) is deemed
	701	+	21 to be necessary for the public interest, safety, and welfare.
	702	+	22 (dd) In order to provide for the expeditious and timely
	703	+	23 implementation of the provisions of Public Act 100-864,
	704	+	24 emergency rules to implement the changes made by Public Act
	705	+	25 100-864 to Section 3.35 of the Newborn Metabolic Screening Act
	706	+	26 may be adopted in accordance with this subsection (dd) by the
	707	+
	708	+
	709	+
	710	+
	711	+
	712	+	SB1875 Enrolled - 20 - LRB103 28045 DTM 54424 b
	713	+
	714	+
	715	+	SB1875 Enrolled- 21 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 21 - LRB103 28045 DTM 54424 b
	716	+	SB1875 Enrolled - 21 - LRB103 28045 DTM 54424 b
	717	+	1 Secretary of State. The adoption of emergency rules authorized
	718	+	2 by this subsection (dd) is deemed to be necessary for the
	719	+	3 public interest, safety, and welfare.
	720	+	4 (ee) In order to provide for the expeditious and timely
	721	+	5 implementation of the provisions of Public Act 100-1172,
	722	+	6 emergency rules implementing the Illinois Underground Natural
	723	+	7 Gas Storage Safety Act may be adopted in accordance with this
	724	+	8 subsection by the Department of Natural Resources. The
	725	+	9 adoption of emergency rules authorized by this subsection is
	726	+	10 deemed to be necessary for the public interest, safety, and
	727	+	11 welfare.
	728	+	12 (ff) In order to provide for the expeditious and timely
	729	+	13 initial implementation of the changes made to Articles 5A and
	730	+	14 14 of the Illinois Public Aid Code under the provisions of
	731	+	15 Public Act 100-1181, the Department of Healthcare and Family
	732	+	16 Services may on a one-time-only basis adopt emergency rules in
	733	+	17 accordance with this subsection (ff). The 24-month limitation
	734	+	18 on the adoption of emergency rules does not apply to rules to
	735	+	19 initially implement the changes made to Articles 5A and 14 of
	736	+	20 the Illinois Public Aid Code adopted under this subsection
	737	+	21 (ff). The adoption of emergency rules authorized by this
	738	+	22 subsection (ff) is deemed to be necessary for the public
	739	+	23 interest, safety, and welfare.
	740	+	24 (gg) In order to provide for the expeditious and timely
	741	+	25 implementation of the provisions of Public Act 101-1,
	742	+	26 emergency rules may be adopted by the Department of Labor in
	743	+
	744	+
	745	+
	746	+
	747	+
	748	+	SB1875 Enrolled - 21 - LRB103 28045 DTM 54424 b
	749	+
	750	+
	751	+	SB1875 Enrolled- 22 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 22 - LRB103 28045 DTM 54424 b
	752	+	SB1875 Enrolled - 22 - LRB103 28045 DTM 54424 b
	753	+	1 accordance with this subsection (gg) to implement the changes
	754	+	2 made by Public Act 101-1 to the Minimum Wage Law. The adoption
	755	+	3 of emergency rules authorized by this subsection (gg) is
	756	+	4 deemed to be necessary for the public interest, safety, and
	757	+	5 welfare.
	758	+	6 (hh) In order to provide for the expeditious and timely
	759	+	7 implementation of the provisions of Public Act 101-10,
	760	+	8 emergency rules may be adopted in accordance with this
	761	+	9 subsection (hh) to implement the changes made by Public Act
	762	+	10 101-10 to subsection (j) of Section 5-5.2 of the Illinois
	763	+	11 Public Aid Code. The adoption of emergency rules authorized by
	764	+	12 this subsection (hh) is deemed to be necessary for the public
	765	+	13 interest, safety, and welfare.
	766	+	14 (ii) In order to provide for the expeditious and timely
	767	+	15 implementation of the provisions of Public Act 101-10,
	768	+	16 emergency rules to implement the changes made by Public Act
	769	+	17 101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
	770	+	18 Code may be adopted in accordance with this subsection (ii) by
	771	+	19 the Department of Public Health. The adoption of emergency
	772	+	20 rules authorized by this subsection (ii) is deemed to be
	773	+	21 necessary for the public interest, safety, and welfare.
	774	+	22 (jj) In order to provide for the expeditious and timely
	775	+	23 implementation of the provisions of Public Act 101-10,
	776	+	24 emergency rules to implement the changes made by Public Act
	777	+	25 101-10 to Section 74 of the Mental Health and Developmental
	778	+	26 Disabilities Administrative Act may be adopted in accordance
	779	+
	780	+
	781	+
	782	+
	783	+
	784	+	SB1875 Enrolled - 22 - LRB103 28045 DTM 54424 b
	785	+
	786	+
	787	+	SB1875 Enrolled- 23 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 23 - LRB103 28045 DTM 54424 b
	788	+	SB1875 Enrolled - 23 - LRB103 28045 DTM 54424 b
	789	+	1 with this subsection (jj) by the Department of Human Services.
	790	+	2 The adoption of emergency rules authorized by this subsection
	791	+	3 (jj) is deemed to be necessary for the public interest,
	792	+	4 safety, and welfare.
	793	+	5 (kk) In order to provide for the expeditious and timely
	794	+	6 implementation of the Cannabis Regulation and Tax Act, Public
	795	+	7 Act 101-27, and Public Act 102-98, the Department of Revenue,
	796	+	8 the Department of Public Health, the Department of
	797	+	9 Agriculture, the Department of State Police, and the
	798	+	10 Department of Financial and Professional Regulation may adopt
	799	+	11 emergency rules in accordance with this subsection (kk). The
	800	+	12 rulemaking authority granted in this subsection (kk) shall
	801	+	13 apply only to rules adopted before December 31, 2021.
	802	+	14 Notwithstanding the provisions of subsection (c), emergency
	803	+	15 rules adopted under this subsection (kk) shall be effective
	804	+	16 for 180 days. The adoption of emergency rules authorized by
	805	+	17 this subsection (kk) is deemed to be necessary for the public
	806	+	18 interest, safety, and welfare.
	807	+	19 (ll) In order to provide for the expeditious and timely
	808	+	20 implementation of the provisions of the Leveling the Playing
	809	+	21 Field for Illinois Retail Act, emergency rules may be adopted
	810	+	22 in accordance with this subsection (ll) to implement the
	811	+	23 changes made by the Leveling the Playing Field for Illinois
	812	+	24 Retail Act. The adoption of emergency rules authorized by this
	813	+	25 subsection (ll) is deemed to be necessary for the public
	814	+	26 interest, safety, and welfare.
	815	+
	816	+
	817	+
	818	+
	819	+
	820	+	SB1875 Enrolled - 23 - LRB103 28045 DTM 54424 b
	821	+
	822	+
	823	+	SB1875 Enrolled- 24 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 24 - LRB103 28045 DTM 54424 b
	824	+	SB1875 Enrolled - 24 - LRB103 28045 DTM 54424 b
	825	+	1 (mm) In order to provide for the expeditious and timely
	826	+	2 implementation of the provisions of Section 25-70 of the
	827	+	3 Sports Wagering Act, emergency rules to implement Section
	828	+	4 25-70 of the Sports Wagering Act may be adopted in accordance
	829	+	5 with this subsection (mm) by the Department of the Lottery as
	830	+	6 provided in the Sports Wagering Act. The adoption of emergency
	831	+	7 rules authorized by this subsection (mm) is deemed to be
	832	+	8 necessary for the public interest, safety, and welfare.
	833	+	9 (nn) In order to provide for the expeditious and timely
	834	+	10 implementation of the Sports Wagering Act, emergency rules to
	835	+	11 implement the Sports Wagering Act may be adopted in accordance
	836	+	12 with this subsection (nn) by the Illinois Gaming Board. The
	837	+	13 adoption of emergency rules authorized by this subsection (nn)
	838	+	14 is deemed to be necessary for the public interest, safety, and
	839	+	15 welfare.
	840	+	16 (oo) In order to provide for the expeditious and timely
	841	+	17 implementation of the provisions of subsection (c) of Section
	842	+	18 20 of the Video Gaming Act, emergency rules to implement the
	843	+	19 provisions of subsection (c) of Section 20 of the Video Gaming
	844	+	20 Act may be adopted in accordance with this subsection (oo) by
	845	+	21 the Illinois Gaming Board. The adoption of emergency rules
	846	+	22 authorized by this subsection (oo) is deemed to be necessary
	847	+	23 for the public interest, safety, and welfare.
	848	+	24 (pp) In order to provide for the expeditious and timely
	849	+	25 implementation of the provisions of Section 50 of the Sexual
	850	+	26 Assault Evidence Submission Act, emergency rules to implement
	851	+
	852	+
	853	+
	854	+
	855	+
	856	+	SB1875 Enrolled - 24 - LRB103 28045 DTM 54424 b
	857	+
	858	+
	859	+	SB1875 Enrolled- 25 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 25 - LRB103 28045 DTM 54424 b
	860	+	SB1875 Enrolled - 25 - LRB103 28045 DTM 54424 b
	861	+	1 Section 50 of the Sexual Assault Evidence Submission Act may
	862	+	2 be adopted in accordance with this subsection (pp) by the
	863	+	3 Department of State Police. The adoption of emergency rules
	864	+	4 authorized by this subsection (pp) is deemed to be necessary
	865	+	5 for the public interest, safety, and welfare.
	866	+	6 (qq) In order to provide for the expeditious and timely
	867	+	7 implementation of the provisions of the Illinois Works Jobs
	868	+	8 Program Act, emergency rules may be adopted in accordance with
	869	+	9 this subsection (qq) to implement the Illinois Works Jobs
	870	+	10 Program Act. The adoption of emergency rules authorized by
	871	+	11 this subsection (qq) is deemed to be necessary for the public
	872	+	12 interest, safety, and welfare.
	873	+	13 (rr) In order to provide for the expeditious and timely
	874	+	14 implementation of the provisions of subsection (c) of Section
	875	+	15 2-3.130 of the School Code, emergency rules to implement
	876	+	16 subsection (c) of Section 2-3.130 of the School Code may be
	877	+	17 adopted in accordance with this subsection (rr) by the State
	878	+	18 Board of Education. The adoption of emergency rules authorized
	879	+	19 by this subsection (rr) is deemed to be necessary for the
	880	+	20 public interest, safety, and welfare.
	881	+	21 (Source: P.A. 101-1, eff. 2-19-19; 101-10, Article 20, Section
	882	+	22 20-5, eff. 6-5-19; 101-10, Article 35, Section 35-5, eff.
	883	+	23 6-5-19; 101-27, eff. 6-25-19; 101-31, Article 15, Section
	884	+	24 15-5, eff. 6-28-19; 101-31, Article 25, Section 25-900, eff.
	885	+	25 6-28-19; 101-31, Article 35, Section 35-3, eff. 6-28-19;
	886	+	26 101-377, eff. 8-16-19; 101-601, eff. 12-10-19; 102-98, eff.
	887	+
	888	+
	889	+
	890	+
	891	+
	892	+	SB1875 Enrolled - 25 - LRB103 28045 DTM 54424 b
	893	+
	894	+
	895	+	SB1875 Enrolled- 26 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 26 - LRB103 28045 DTM 54424 b
	896	+	SB1875 Enrolled - 26 - LRB103 28045 DTM 54424 b
	897	+	1 7-15-21; 102-339, eff. 8-13-21; 102-813, eff. 5-13-22.)
	898	+	2 (5 ILCS 100/5-50) (from Ch. 127, par. 1005-50)
	899	+	3 Sec. 5-50. Peremptory rulemaking. "Peremptory rulemaking"
	900	+	4 means any rulemaking that is required as a result of federal
	901	+	5 law, federal rules and regulations, an order of a court, or a
	902	+	6 collective bargaining agreement pursuant to subsection (d) of
	903	+	7 Section 1-5, under conditions that preclude compliance with
	904	+	8 the general rulemaking requirements imposed by Section 5-40
	905	+	9 and that preclude the exercise of discretion by the agency as
	906	+	10 to the content of the rule it is required to adopt. Peremptory
	907	+	11 rulemaking shall not be used to implement consent orders or
	908	+	12 other court orders adopting settlements negotiated by the
	909	+	13 agency. If any agency finds that peremptory rulemaking is
	910	+	14 necessary and states in writing its reasons for that finding,
	911	+	15 the agency may adopt peremptory rulemaking upon filing a
	912	+	16 notice of rulemaking with the Secretary of State under Section
	913	+	17 5-70. The notice shall be published in the Illinois Register.
	914	+	18 The agency shall accept data, views, arguments, or comments
	915	+	19 regarding the peremptory rulemaking. The agency shall accept
	916	+	20 submissions in writing, including submissions by email or by
	917	+	21 other publicly accessible electronic means through its
	918	+	22 website. In the discretion of the agency, submissions may be
	919	+	23 submitted orally. The notice published in the Illinois
	920	+	24 Register shall indicate the manner selected by the agency for
	921	+	25 the submissions, including the email address or website
	922	+
	923	+
	924	+
	925	+
	926	+
	927	+	SB1875 Enrolled - 26 - LRB103 28045 DTM 54424 b
	928	+
	929	+
	930	+	SB1875 Enrolled- 27 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 27 - LRB103 28045 DTM 54424 b
	931	+	SB1875 Enrolled - 27 - LRB103 28045 DTM 54424 b
	932	+	1 address where submissions will be accepted. The agency shall
	933	+	2 consider all submissions received. A rule adopted under the
	934	+	3 peremptory rulemaking provisions of this Section becomes
	935	+	4 effective immediately upon filing with the Secretary of State
	936	+	5 and in the agency's principal office, or at a date required or
	937	+	6 authorized by the relevant federal law, federal rules and
	938	+	7 regulations, or court order, as stated in the notice of
	939	+	8 rulemaking. Notice of rulemaking under this Section shall be
	940	+	9 published in the Illinois Register, shall specifically refer
	941	+	10 to the appropriate State or federal court order or federal
	942	+	11 law, rules, and regulations, and shall be in a form as the
	943	+	12 Secretary of State may reasonably prescribe by rule. The
	944	+	13 agency shall file the notice of peremptory rulemaking within
	945	+	14 30 days after a change in rules is required.
	946	+	15 The Department of Healthcare and Family Services may adopt
	947	+	16 peremptory rulemaking under the terms and conditions of this
	948	+	17 Section to implement final payments included in a State
	949	+	18 Medicaid Plan Amendment approved by the Centers for Medicare
	950	+	19 and Medicaid Services of the United States Department of
	951	+	20 Health and Human Services and authorized under Section 5A-12.2
	952	+	21 of the Illinois Public Aid Code, and to adjust hospital
	953	+	22 provider assessments as Medicaid Provider-Specific Taxes
	954	+	23 permitted by Title XIX of the federal Social Security Act and
	955	+	24 authorized under Section 5A-2 of the Illinois Public Aid Code.
	956	+	25 (Source: P.A. 95-859, eff. 8-19-08.)
	957	+
	958	+
	959	+
	960	+
	961	+
	962	+	SB1875 Enrolled - 27 - LRB103 28045 DTM 54424 b
	963	+
	964	+
	965	+	SB1875 Enrolled- 28 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 28 - LRB103 28045 DTM 54424 b
	966	+	SB1875 Enrolled - 28 - LRB103 28045 DTM 54424 b
	967	+	1 (5 ILCS 100/5-60) (from Ch. 127, par. 1005-60)
	968	+	2 Sec. 5-60. Regulatory agenda. An agency shall submit for
	969	+	3 publication in the Illinois Register by January 1 and July 1 of
	970	+	4 each year a regulatory agenda to elicit public comments
	971	+	5 concerning any rule that the agency is considering proposing
	972	+	6 but for which no notice of proposed rulemaking activity has
	973	+	7 been submitted to the Illinois Register. A regulatory agenda
	974	+	8 shall consist of summaries of those rules. Each summary shall,
	975	+	9 in less than 2,000 words, contain the following when
	976	+	10 practicable:
	977	+	11 (1) A description of the rule.
	978	+	12 (2) The statutory authority the agency is exercising.
	979	+	13 (3) A schedule of the dates for any hearings,
	980	+	14 meetings, or other opportunities for public participation
	981	+	15 in the development of the rule.
	982	+	16 (4) The date the agency anticipates submitting a
	983	+	17 notice of proposed rulemaking activity, if known.
	984	+	18 (5) The name, address, email address, and telephone
	985	+	19 number of the agency representative who is knowledgeable
	986	+	20 about the rule, from whom any information may be obtained,
	987	+	21 and to whom written comments may be submitted concerning
	988	+	22 the rule.
	989	+	23 (6) A statement whether the rule will affect small
	990	+	24 businesses, not for profit corporations, or small
	991	+	25 municipalities as defined in this Act.
	992	+	26 (7) Any other information that may serve the public
	993	+
	994	+
	995	+
	996	+
	997	+
	998	+	SB1875 Enrolled - 28 - LRB103 28045 DTM 54424 b
	999	+
	1000	+
	1001	+	SB1875 Enrolled- 29 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 29 - LRB103 28045 DTM 54424 b
	1002	+	SB1875 Enrolled - 29 - LRB103 28045 DTM 54424 b
	1003	+	1 interest.
	1004	+	2 Nothing in this Section shall preclude an agency from
	1005	+	3 adopting a rule that has not been summarized in a regulatory
	1006	+	4 agenda or from adopting a rule different than one summarized
	1007	+	5 in a regulatory agenda if in the agency head's best judgment it
	1008	+	6 is necessary. If an agency finds that a situation exists that
	1009	+	7 requires adoption of a rule that was not summarized on either
	1010	+	8 of the 2 most recent regulatory agendas, it shall state its
	1011	+	9 reasons in writing together with the facts that form their
	1012	+	10 basis upon filing the notice of proposed rulemaking with the
	1013	+	11 Secretary of State under Section 5-40. Nothing in this Section
	1014	+	12 shall require an agency to adopt a rule summarized in a
	1015	+	13 regulatory agenda. The Secretary of State shall adopt rules
	1016	+	14 necessary for the publication of a regulatory agenda,
	1017	+	15 including but not limited to standard submission forms and
	1018	+	16 deadlines.
	1019	+	17 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
	1020	+	18 (5 ILCS 100/5-65) (from Ch. 127, par. 1005-65)
	1021	+	19 Sec. 5-65. Filing of rules.
	1022	+	20 (a) Each agency shall file in the office of the Secretary
	1023	+	21 of State and in the agency's principal office a certified copy
	1024	+	22 of each rule and modification or repeal of any rule adopted by
	1025	+	23 it. The Secretary of State and the agency shall each keep a
	1026	+	24 permanent register of the rules open to public inspection.
	1027	+	25 Whenever a rule or modification or repeal of any rule is
	1028	+
	1029	+
	1030	+
	1031	+
	1032	+
	1033	+	SB1875 Enrolled - 29 - LRB103 28045 DTM 54424 b
	1034	+
	1035	+
	1036	+	SB1875 Enrolled- 30 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 30 - LRB103 28045 DTM 54424 b
	1037	+	SB1875 Enrolled - 30 - LRB103 28045 DTM 54424 b
	1038	+	1 filed with the Secretary of State, the Secretary shall send a
	1039	+	2 certified copy of the rule, modification or repeal, within 3
	1040	+	3 working days after it is filed, to the Joint Committee on
	1041	+	4 Administrative Rules.
	1042	+	5 (b) Concurrent with the filing of any rule under this
	1043	+	6 Section, the filing agency shall submit to the Secretary of
	1044	+	7 State for publication in the next available issue of the
	1045	+	8 Illinois Register a notice of adopted rules. The notice shall
	1046	+	9 include the following:
	1047	+	10 (1) The text of the adopted rule, including the full
	1048	+	11 text of the new rule (if the material is a new rule), the
	1049	+	12 full text of the rule or rules as amended (if the material
	1050	+	13 is an amendment to a rule or rules), or the notice of
	1051	+	14 repeal (if the material is a repealer).
	1052	+	15 (2) The name, address, email address, and telephone
	1053	+	16 number of an individual who will be available to answer
	1054	+	17 questions and provide information to the public concerning
	1055	+	18 the adopted rules.
	1056	+	19 (3) Other information that the Secretary of State may
	1057	+	20 by rule require in the interest of informing the public.
	1058	+	21 (Source: P.A. 87-823; 87-830; 87-895.)
	1059	+	22 Section 10. The Uniform Electronic Transactions Act is
	1060	+	23 amended by changing Section 18 as follows:
	1061	+	24 (815 ILCS 333/18)
	1062	+
	1063	+
	1064	+
	1065	+
	1066	+
	1067	+	SB1875 Enrolled - 30 - LRB103 28045 DTM 54424 b
	1068	+
	1069	+
	1070	+	SB1875 Enrolled- 31 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 31 - LRB103 28045 DTM 54424 b
	1071	+	SB1875 Enrolled - 31 - LRB103 28045 DTM 54424 b
	1072	+	1 Sec. 18. Acceptance and distribution of electronic records
	1073	+	2 by governmental agencies.
	1074	+	3 (a) Except as otherwise provided in Section 12(f), each
	1075	+	4 governmental agency of this State shall determine whether, and
	1076	+	5 the extent to which, it will send and accept electronic
	1077	+	6 records and electronic signatures to and from other persons
	1078	+	7 and otherwise create, generate, communicate, store, process,
	1079	+	8 use, and rely upon electronic records and electronic
	1080	+	9 signatures.
	1081	+	10 (b) To the extent that a governmental agency uses
	1082	+	11 electronic records and electronic signatures under subsection
	1083	+	12 (a), the Department of Innovation and Technology and the
	1084	+	13 Secretary of State, pursuant to their rulemaking authority
	1085	+	14 under other law and giving due consideration to security,
	1086	+	15 shall, no later than 6 months after the effective date of this
	1087	+	16 amendatory Act of the 103rd General Assembly, adopt
	1088	+	17 administrative rules that may specify:
	1089	+	18 (1) the manner and format in which the electronic
	1090	+	19 records must be created, generated, sent, communicated,
	1091	+	20 received, and stored and the systems established for those
	1092	+	21 purposes;
	1093	+	22 (2) if electronic records must be signed by electronic
	1094	+	23 means, the type of electronic signature required, the
	1095	+	24 manner and format in which the electronic signature must
	1096	+	25 be affixed to the electronic record, and the identity of,
	1097	+	26 or criteria that must be met by, any third party used by a
	1098	+
	1099	+
	1100	+
	1101	+
	1102	+
	1103	+	SB1875 Enrolled - 31 - LRB103 28045 DTM 54424 b
	1104	+
	1105	+
	1106	+	SB1875 Enrolled- 32 -LRB103 28045 DTM 54424 b SB1875 Enrolled - 32 - LRB103 28045 DTM 54424 b
	1107	+	SB1875 Enrolled - 32 - LRB103 28045 DTM 54424 b
	1108	+	1 person filing a document to facilitate the process;
	1109	+	2 (3) control processes and procedures as appropriate to
	1110	+	3 ensure adequate preservation, disposition, integrity,
	1111	+	4 security, confidentiality, and auditability of electronic
	1112	+	5 records; and
	1113	+	6 (4) any other required attributes for electronic
	1114	+	7 records which are specified for corresponding
	1115	+	8 nonelectronic records or reasonably necessary under the
	1116	+	9 circumstances.
	1117	+	10 (c) Except as otherwise provided in Section 12(f), this
	1118	+	11 Act does not require a governmental agency of this State to use
	1119	+	12 or permit the use of electronic records or electronic
	1120	+	13 signatures.
	1121	+	14 (Source: P.A. 102-38, eff. 6-25-21.)
	1122	+	15 Section 99. Effective date. This Act takes effect upon
	1123	+	16 becoming law.
	1124	+
	1125	+
	1126	+
	1127	+
	1128	+
	1129	+	SB1875 Enrolled - 32 - LRB103 28045 DTM 54424 b