Public Act 103-0390
SB1875 EnrolledLRB103 28045 DTM 54424 b SB1875 Enrolled LRB103 28045 DTM 54424 b
SB1875 Enrolled LRB103 28045 DTM 54424 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Sections 5-40, 5-45, 5-50, 5-60, and 5-65
as follows:
(5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
Sec. 5-40. General rulemaking.
(a) In all rulemaking to which Sections 5-45 and 5-50 do
not apply, each agency shall comply with this Section.
(b) Each agency shall give at least 45 days' notice of its
intended action to the general public. This first notice
period shall commence on the first day the notice appears in
the Illinois Register. The first notice shall include all the
following:
(1) The text of the proposed rule, the old and new
materials of a proposed amendment, or the text of the
provision to be repealed.
(2) The specific statutory citation upon which the
proposed rule, the proposed amendment to a rule, or the
proposed repeal of a rule is based and by which it is
authorized.
(3) A complete description of the subjects and issues
SB1875 Enrolled LRB103 28045 DTM 54424 b
involved.
(3.5) A descriptive title or other description of any
published study or research report used in developing the
rule, the identity of the person who performed such study,
and a description of where the public may obtain a copy of
any such study or research report. If the study was
performed by an agency or by a person or entity that
contracted with the agency for the performance of the
study, the agency shall also make copies of the underlying
data available to members of the public upon request if
the data are not protected from disclosure under the
Freedom of Information Act.
(4) For all proposed rules and proposed amendments to
rules, an initial regulatory flexibility analysis
containing a description of the types of small businesses
subject to the rule; a brief description of the proposed
reporting, bookkeeping, and other procedures required for
compliance with the rule; and a description of the types
of professional skills necessary for compliance.
(5) The time, place, and manner in which interested
persons may present their views and comments concerning
the proposed rulemaking.
During the first notice period, the agency shall accept
from any interested persons data, views, arguments, or
comments from any interested persons. The agency shall accept
submissions in writing, including submissions by email or by
other publicly accessible electronic means through its
website. In the discretion of the agency, submissions may be
submitted orally. These may, in the discretion of the agency,
be submitted either orally or in writing or both. The notice
published in the Illinois Register shall indicate the manner
selected by the agency for the submissions, including the
email address or website address where submissions will be
accepted. The agency shall consider all submissions received.
The agency shall hold a public hearing on the proposed
rulemaking during the first notice period if (i) during the
first notice period, the agency finds that a public hearing
would facilitate the submission of views and comments that
might not otherwise be submitted or (ii) the agency receives a
request for a public hearing, within the first 14 days after
publication of the notice of proposed rulemaking in the
Illinois Register, from 25 interested persons, an association
representing at least 100 interested persons, the Governor,
the Joint Committee on Administrative Rules, or a unit of
local government that may be affected. At the public hearing,
the agency shall allow interested persons to present views and
comments on the proposed rulemaking. A public hearing in
response to a request for a hearing may not be held less than
20 days after the publication of the notice of proposed
rulemaking in the Illinois Register unless notice of the
public hearing is included in the notice of proposed
rulemaking. A public hearing on proposed rulemaking may not be
held less than 5 days before submission of the notice required
under subsection (c) of this Section to the Joint Committee on
Administrative Rules. Each agency may prescribe reasonable
rules for the conduct of public hearings on proposed
rulemaking to prevent undue repetition at the hearings. The
hearings must be open to the public and recorded by
stenographic or mechanical means. At least one agency
representative shall be present during the hearing who is
qualified to respond to general questions from the public
regarding the agency's proposal and the rulemaking process.
(c) Each agency shall provide additional notice of the
proposed rulemaking to the Joint Committee on Administrative
Rules. The period commencing on the day written notice is
received by the Joint Committee shall be known as the second
notice period and shall expire 45 days thereafter unless
before that time the agency and the Joint Committee have
agreed to extend the second notice period beyond 45 days for a
period not to exceed an additional 45 days or unless the agency
has received a statement of objection from the Joint Committee
or notification from the Joint Committee that no objection
will be issued. The written notice to the Joint Committee
shall include (i) the text and location of any changes made to
the proposed rulemaking during the first notice period in a
form prescribed by the Joint Committee; (ii) for all proposed
rules and proposed amendments to rules, a final regulatory
flexibility analysis containing a summary of issues raised by
small businesses during the first notice period and a
description of actions taken on any alternatives to the
proposed rule suggested by small businesses during the first
notice period, including reasons for rejecting any
alternatives not utilized; and (iii) if a written request has
been made by the Joint Committee within 30 days after initial
notice appears in the Illinois Register under subsection (b)
of this Section, an analysis of the economic and budgetary
effects of the proposed rulemaking. After commencement of the
second notice period, no substantive change may be made to a
proposed rulemaking unless it is made in response to an
objection or suggestion of the Joint Committee. The agency
shall also send a copy of the final regulatory flexibility
analysis to each small business that has presented views or
comments on the proposed rulemaking during the first notice
period and to any other interested person who requests a copy.
The agency may charge a reasonable fee for providing the
copies to cover postage and handling costs.
(d) After the expiration of the second notice period,
after notification from the Joint Committee that no objection
will be issued, or after a response by the agency to a
statement of objections issued by the Joint Committee,
whichever is applicable, the agency shall file, under Section
5-65, a certified copy of each rule, modification, or repeal
of any rule adopted by it. The copy shall be published in the
Illinois Register. Each rule hereafter adopted under this
Section is effective upon filing unless a later effective date
is required by statute or is specified in the rulemaking.
(e) No rule or modification or repeal of any rule may be
adopted, or filed with the Secretary of State, more than one
year after the date the first notice period for the rulemaking
under subsection (b) commenced. Any period during which the
rulemaking is prohibited from being filed under Section 5-115
shall not be considered in calculating this one-year time
period.
(Source: P.A. 92-330, eff. 1-1-02.)
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65
or at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the
finding shall be filed with the rule. The agency shall take
reasonable and appropriate measures to make emergency rules
known to the persons who may be affected by them. The agency
shall accept data, views, arguments, or comments regarding the
emergency rulemaking from any interested persons. The agency
shall accept submissions in writing, including submissions by
email or by other publicly accessible electronic means through
its website. In the discretion of the agency, submissions may
be submitted orally. The notice published in the Illinois
Register shall indicate the manner selected by the agency for
the submissions, including the email address or website
address where submissions will be accepted. The agency shall
consider all submissions received.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24-month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24-month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)
emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to
subsection (c-5) of this Section. Two or more emergency rules
having substantially the same purpose and effect shall be
deemed to be a single rule for purposes of this Section.
(c-5) To facilitate the maintenance of the program of
group health benefits provided to annuitants, survivors, and
retired employees under the State Employees Group Insurance
Act of 1971, rules to alter the contributions to be paid by the
State, annuitants, survivors, retired employees, or any
combination of those entities, for that program of group
health benefits, shall be adopted as emergency rules. The
adoption of those rules shall be considered an emergency and
necessary for the public interest, safety, and welfare.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act
90-587 or 90-588 or any other budget initiative for fiscal
year 1999 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (d). The adoption of emergency rules authorized by
this subsection (d) shall be deemed to be necessary for the
public interest, safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of Public Act 91-24
or any other budget initiative for fiscal year 2000 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (e). The adoption of
emergency rules authorized by this subsection (e) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of Public Act
91-712 or any other budget initiative for fiscal year 2001 may
be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (f). The
adoption of emergency rules authorized by this subsection (f)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of Public Act 92-10
or any other budget initiative for fiscal year 2002 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (g). The adoption of
emergency rules authorized by this subsection (g) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of Public Act
92-597 or any other budget initiative for fiscal year 2003 may
be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (h). The
adoption of emergency rules authorized by this subsection (h)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of Public Act 93-20
or any other budget initiative for fiscal year 2004 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (i). The adoption of
emergency rules authorized by this subsection (i) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public
Aid may also adopt rules under this subsection (j) necessary
to administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of
Public Act 94-48 or any other budget initiative for fiscal
year 2006 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (k). The Department of Healthcare and Family
Services may also adopt rules under this subsection (k)
necessary to administer the Illinois Public Aid Code, the
Senior Citizens and Persons with Disabilities Property Tax
Relief Act, the Senior Citizens and Disabled Persons
Prescription Drug Discount Program Act (now the Illinois
Prescription Drug Discount Program Act), and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (k) shall be deemed to be
necessary for the public interest, safety, and welfare.
(l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of
Public Act 96-45 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2010 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (n) shall be
deemed to be necessary for the public interest, safety, and
welfare. The rulemaking authority granted in this subsection
(n) shall apply only to rules promulgated during Fiscal Year
2010.
(o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of
Public Act 96-958 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2011 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (o) is deemed to
be necessary for the public interest, safety, and welfare. The
rulemaking authority granted in this subsection (o) applies
only to rules promulgated on or after July 1, 2010 (the
effective date of Public Act 96-958) through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act
97-689 may be adopted in accordance with this subsection (p)
by the agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of
emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
(q) In order to provide for the expeditious and timely
implementation of the provisions of Articles 7, 8, 9, 11, and
12 of Public Act 98-104, emergency rules to implement any
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
may be adopted in accordance with this subsection (q) by the
agency charged with administering that provision or
initiative. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (q). The adoption of emergency rules authorized by
this subsection (q) is deemed to be necessary for the public
interest, safety, and welfare.
(r) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 98-651,
emergency rules to implement Public Act 98-651 may be adopted
in accordance with this subsection (r) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (r). The adoption of emergency rules
authorized by this subsection (r) is deemed to be necessary
for the public interest, safety, and welfare.
(s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2
of the Illinois Public Aid Code, emergency rules to implement
any provision of Section 5-5b.1 or Section 5A-2 of the
Illinois Public Aid Code may be adopted in accordance with
this subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection
(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The
adoption of emergency rules authorized by this subsection (s)
is deemed to be necessary for the public interest, safety, and
welfare.
(t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of Public Act
99-6, emergency rules to implement the changes made by Article
II of Public Act 99-6 to the Emergency Telephone System Act may
be adopted in accordance with this subsection (t) by the
Department of State Police. The rulemaking authority granted
in this subsection (t) shall apply only to those rules adopted
prior to July 1, 2016. The 24-month limitation on the adoption
of emergency rules does not apply to rules adopted under this
subsection (t). The adoption of emergency rules authorized by
this subsection (t) is deemed to be necessary for the public
interest, safety, and welfare.
(u) In order to provide for the expeditious and timely
implementation of the provisions of the Burn Victims Relief
Act, emergency rules to implement any provision of the Act may
be adopted in accordance with this subsection (u) by the
Department of Insurance. The rulemaking authority granted in
this subsection (u) shall apply only to those rules adopted
prior to December 31, 2015. The adoption of emergency rules
authorized by this subsection (u) is deemed to be necessary
for the public interest, safety, and welfare.
(v) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-516,
emergency rules to implement Public Act 99-516 may be adopted
in accordance with this subsection (v) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (v). The adoption of emergency rules
authorized by this subsection (v) is deemed to be necessary
for the public interest, safety, and welfare.
(w) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-796,
emergency rules to implement the changes made by Public Act
99-796 may be adopted in accordance with this subsection (w)
by the Adjutant General. The adoption of emergency rules
authorized by this subsection (w) is deemed to be necessary
for the public interest, safety, and welfare.
(x) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-906,
emergency rules to implement subsection (i) of Section
16-115D, subsection (g) of Section 16-128A, and subsection (a)
of Section 16-128B of the Public Utilities Act may be adopted
in accordance with this subsection (x) by the Illinois
Commerce Commission. The rulemaking authority granted in this
subsection (x) shall apply only to those rules adopted within
180 days after June 1, 2017 (the effective date of Public Act
99-906). The adoption of emergency rules authorized by this
subsection (x) is deemed to be necessary for the public
interest, safety, and welfare.
(y) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-23,
emergency rules to implement the changes made by Public Act
100-23 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
Section 55-30 of the Alcoholism and Other Drug Abuse and
Dependency Act, and Sections 74 and 75 of the Mental Health and
Developmental Disabilities Administrative Act may be adopted
in accordance with this subsection (y) by the respective
Department. The adoption of emergency rules authorized by this
subsection (y) is deemed to be necessary for the public
interest, safety, and welfare.
(z) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-554,
emergency rules to implement the changes made by Public Act
100-554 to Section 4.7 of the Lobbyist Registration Act may be
adopted in accordance with this subsection (z) by the
Secretary of State. The adoption of emergency rules authorized
by this subsection (z) is deemed to be necessary for the public
interest, safety, and welfare.
(aa) In order to provide for the expeditious and timely
initial implementation of the changes made to Articles 5, 5A,
12, and 14 of the Illinois Public Aid Code under the provisions
of Public Act 100-581, the Department of Healthcare and Family
Services may adopt emergency rules in accordance with this
subsection (aa). The 24-month limitation on the adoption of
emergency rules does not apply to rules to initially implement
the changes made to Articles 5, 5A, 12, and 14 of the Illinois
Public Aid Code adopted under this subsection (aa). The
adoption of emergency rules authorized by this subsection (aa)
is deemed to be necessary for the public interest, safety, and
welfare.
(bb) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587,
emergency rules to implement the changes made by Public Act
100-587 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
subsection (b) of Section 55-30 of the Alcoholism and Other
Drug Abuse and Dependency Act, Section 5-104 of the
Specialized Mental Health Rehabilitation Act of 2013, and
Section 75 and subsection (b) of Section 74 of the Mental
Health and Developmental Disabilities Administrative Act may
be adopted in accordance with this subsection (bb) by the
respective Department. The adoption of emergency rules
authorized by this subsection (bb) is deemed to be necessary
for the public interest, safety, and welfare.
(cc) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587,
emergency rules may be adopted in accordance with this
subsection (cc) to implement the changes made by Public Act
100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
Pension Code by the Board created under Article 14 of the Code;
Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
the Board created under Article 15 of the Code; and Sections
16-190.5 and 16-190.6 of the Illinois Pension Code by the
Board created under Article 16 of the Code. The adoption of
emergency rules authorized by this subsection (cc) is deemed
to be necessary for the public interest, safety, and welfare.
(dd) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-864,
emergency rules to implement the changes made by Public Act
100-864 to Section 3.35 of the Newborn Metabolic Screening Act
may be adopted in accordance with this subsection (dd) by the
Secretary of State. The adoption of emergency rules authorized
by this subsection (dd) is deemed to be necessary for the
public interest, safety, and welfare.
(ee) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-1172,
emergency rules implementing the Illinois Underground Natural
Gas Storage Safety Act may be adopted in accordance with this
subsection by the Department of Natural Resources. The
adoption of emergency rules authorized by this subsection is
deemed to be necessary for the public interest, safety, and
welfare.
(ff) In order to provide for the expeditious and timely
initial implementation of the changes made to Articles 5A and
14 of the Illinois Public Aid Code under the provisions of
Public Act 100-1181, the Department of Healthcare and Family
Services may on a one-time-only basis adopt emergency rules in
accordance with this subsection (ff). The 24-month limitation
on the adoption of emergency rules does not apply to rules to
initially implement the changes made to Articles 5A and 14 of
the Illinois Public Aid Code adopted under this subsection
(ff). The adoption of emergency rules authorized by this
subsection (ff) is deemed to be necessary for the public
interest, safety, and welfare.
(gg) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-1,
emergency rules may be adopted by the Department of Labor in
accordance with this subsection (gg) to implement the changes
made by Public Act 101-1 to the Minimum Wage Law. The adoption
of emergency rules authorized by this subsection (gg) is
deemed to be necessary for the public interest, safety, and
welfare.
(hh) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10,
emergency rules may be adopted in accordance with this
subsection (hh) to implement the changes made by Public Act
101-10 to subsection (j) of Section 5-5.2 of the Illinois
Public Aid Code. The adoption of emergency rules authorized by
this subsection (hh) is deemed to be necessary for the public
interest, safety, and welfare.
(ii) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10,
emergency rules to implement the changes made by Public Act
101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
Code may be adopted in accordance with this subsection (ii) by
the Department of Public Health. The adoption of emergency
rules authorized by this subsection (ii) is deemed to be
necessary for the public interest, safety, and welfare.
(jj) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10,
emergency rules to implement the changes made by Public Act
101-10 to Section 74 of the Mental Health and Developmental
Disabilities Administrative Act may be adopted in accordance
with this subsection (jj) by the Department of Human Services.
The adoption of emergency rules authorized by this subsection
(jj) is deemed to be necessary for the public interest,
safety, and welfare.
(kk) In order to provide for the expeditious and timely
implementation of the Cannabis Regulation and Tax Act, Public
Act 101-27, and Public Act 102-98, the Department of Revenue,
the Department of Public Health, the Department of
Agriculture, the Department of State Police, and the
Department of Financial and Professional Regulation may adopt
emergency rules in accordance with this subsection (kk). The
rulemaking authority granted in this subsection (kk) shall
apply only to rules adopted before December 31, 2021.
Notwithstanding the provisions of subsection (c), emergency
rules adopted under this subsection (kk) shall be effective
for 180 days. The adoption of emergency rules authorized by
this subsection (kk) is deemed to be necessary for the public
interest, safety, and welfare.
(ll) In order to provide for the expeditious and timely
implementation of the provisions of the Leveling the Playing
Field for Illinois Retail Act, emergency rules may be adopted
in accordance with this subsection (ll) to implement the
changes made by the Leveling the Playing Field for Illinois
Retail Act. The adoption of emergency rules authorized by this
subsection (ll) is deemed to be necessary for the public
interest, safety, and welfare.
(mm) In order to provide for the expeditious and timely
implementation of the provisions of Section 25-70 of the
Sports Wagering Act, emergency rules to implement Section
25-70 of the Sports Wagering Act may be adopted in accordance
with this subsection (mm) by the Department of the Lottery as
provided in the Sports Wagering Act. The adoption of emergency
rules authorized by this subsection (mm) is deemed to be
necessary for the public interest, safety, and welfare.
(nn) In order to provide for the expeditious and timely
implementation of the Sports Wagering Act, emergency rules to
implement the Sports Wagering Act may be adopted in accordance
with this subsection (nn) by the Illinois Gaming Board. The
adoption of emergency rules authorized by this subsection (nn)
is deemed to be necessary for the public interest, safety, and
welfare.
(oo) In order to provide for the expeditious and timely
implementation of the provisions of subsection (c) of Section
20 of the Video Gaming Act, emergency rules to implement the
provisions of subsection (c) of Section 20 of the Video Gaming
Act may be adopted in accordance with this subsection (oo) by
the Illinois Gaming Board. The adoption of emergency rules
authorized by this subsection (oo) is deemed to be necessary
for the public interest, safety, and welfare.
(pp) In order to provide for the expeditious and timely
implementation of the provisions of Section 50 of the Sexual
Assault Evidence Submission Act, emergency rules to implement
Section 50 of the Sexual Assault Evidence Submission Act may
be adopted in accordance with this subsection (pp) by the
Department of State Police. The adoption of emergency rules
authorized by this subsection (pp) is deemed to be necessary
for the public interest, safety, and welfare.
(qq) In order to provide for the expeditious and timely
implementation of the provisions of the Illinois Works Jobs
Program Act, emergency rules may be adopted in accordance with
this subsection (qq) to implement the Illinois Works Jobs
Program Act. The adoption of emergency rules authorized by
this subsection (qq) is deemed to be necessary for the public
interest, safety, and welfare.
(rr) In order to provide for the expeditious and timely
implementation of the provisions of subsection (c) of Section
2-3.130 of the School Code, emergency rules to implement
subsection (c) of Section 2-3.130 of the School Code may be
adopted in accordance with this subsection (rr) by the State
Board of Education. The adoption of emergency rules authorized
by this subsection (rr) is deemed to be necessary for the
public interest, safety, and welfare.
(Source: P.A. 101-1, eff. 2-19-19; 101-10, Article 20, Section
20-5, eff. 6-5-19; 101-10, Article 35, Section 35-5, eff.
6-5-19; 101-27, eff. 6-25-19; 101-31, Article 15, Section
15-5, eff. 6-28-19; 101-31, Article 25, Section 25-900, eff.
6-28-19; 101-31, Article 35, Section 35-3, eff. 6-28-19;
101-377, eff. 8-16-19; 101-601, eff. 12-10-19; 102-98, eff.
7-15-21; 102-339, eff. 8-13-21; 102-813, eff. 5-13-22.)
(5 ILCS 100/5-50) (from Ch. 127, par. 1005-50)
Sec. 5-50. Peremptory rulemaking. "Peremptory rulemaking"
means any rulemaking that is required as a result of federal
law, federal rules and regulations, an order of a court, or a
collective bargaining agreement pursuant to subsection (d) of
Section 1-5, under conditions that preclude compliance with
the general rulemaking requirements imposed by Section 5-40
and that preclude the exercise of discretion by the agency as
to the content of the rule it is required to adopt. Peremptory
rulemaking shall not be used to implement consent orders or
other court orders adopting settlements negotiated by the
agency. If any agency finds that peremptory rulemaking is
necessary and states in writing its reasons for that finding,
the agency may adopt peremptory rulemaking upon filing a
notice of rulemaking with the Secretary of State under Section
5-70. The notice shall be published in the Illinois Register.
The agency shall accept data, views, arguments, or comments
regarding the peremptory rulemaking. The agency shall accept
submissions in writing, including submissions by email or by
other publicly accessible electronic means through its
website. In the discretion of the agency, submissions may be
submitted orally. The notice published in the Illinois
Register shall indicate the manner selected by the agency for
the submissions, including the email address or website
address where submissions will be accepted. The agency shall
consider all submissions received. A rule adopted under the
peremptory rulemaking provisions of this Section becomes
effective immediately upon filing with the Secretary of State
and in the agency's principal office, or at a date required or
authorized by the relevant federal law, federal rules and
regulations, or court order, as stated in the notice of
rulemaking. Notice of rulemaking under this Section shall be
published in the Illinois Register, shall specifically refer
to the appropriate State or federal court order or federal
law, rules, and regulations, and shall be in a form as the
Secretary of State may reasonably prescribe by rule. The
agency shall file the notice of peremptory rulemaking within
30 days after a change in rules is required.
The Department of Healthcare and Family Services may adopt
peremptory rulemaking under the terms and conditions of this
Section to implement final payments included in a State
Medicaid Plan Amendment approved by the Centers for Medicare
and Medicaid Services of the United States Department of
Health and Human Services and authorized under Section 5A-12.2
of the Illinois Public Aid Code, and to adjust hospital
provider assessments as Medicaid Provider-Specific Taxes
permitted by Title XIX of the federal Social Security Act and
authorized under Section 5A-2 of the Illinois Public Aid Code.
(Source: P.A. 95-859, eff. 8-19-08.)
(5 ILCS 100/5-60) (from Ch. 127, par. 1005-60)
Sec. 5-60. Regulatory agenda. An agency shall submit for
publication in the Illinois Register by January 1 and July 1 of
each year a regulatory agenda to elicit public comments
concerning any rule that the agency is considering proposing
but for which no notice of proposed rulemaking activity has
been submitted to the Illinois Register. A regulatory agenda
shall consist of summaries of those rules. Each summary shall,
in less than 2,000 words, contain the following when
practicable:
(1) A description of the rule.
(2) The statutory authority the agency is exercising.
(3) A schedule of the dates for any hearings,
meetings, or other opportunities for public participation
in the development of the rule.
(4) The date the agency anticipates submitting a
notice of proposed rulemaking activity, if known.
(5) The name, address, email address, and telephone
number of the agency representative who is knowledgeable
about the rule, from whom any information may be obtained,
and to whom written comments may be submitted concerning
the rule.
(6) A statement whether the rule will affect small
businesses, not for profit corporations, or small
municipalities as defined in this Act.
(7) Any other information that may serve the public
interest.
Nothing in this Section shall preclude an agency from
adopting a rule that has not been summarized in a regulatory
agenda or from adopting a rule different than one summarized
in a regulatory agenda if in the agency head's best judgment it
is necessary. If an agency finds that a situation exists that
requires adoption of a rule that was not summarized on either
of the 2 most recent regulatory agendas, it shall state its
reasons in writing together with the facts that form their
basis upon filing the notice of proposed rulemaking with the
Secretary of State under Section 5-40. Nothing in this Section
shall require an agency to adopt a rule summarized in a
regulatory agenda. The Secretary of State shall adopt rules
necessary for the publication of a regulatory agenda,
including but not limited to standard submission forms and
deadlines.
(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
(5 ILCS 100/5-65) (from Ch. 127, par. 1005-65)
Sec. 5-65. Filing of rules.
(a) Each agency shall file in the office of the Secretary
of State and in the agency's principal office a certified copy
of each rule and modification or repeal of any rule adopted by
it. The Secretary of State and the agency shall each keep a
permanent register of the rules open to public inspection.
Whenever a rule or modification or repeal of any rule is
filed with the Secretary of State, the Secretary shall send a
certified copy of the rule, modification or repeal, within 3
working days after it is filed, to the Joint Committee on
Administrative Rules.
(b) Concurrent with the filing of any rule under this
Section, the filing agency shall submit to the Secretary of
State for publication in the next available issue of the
Illinois Register a notice of adopted rules. The notice shall
include the following:
(1) The text of the adopted rule, including the full
text of the new rule (if the material is a new rule), the
full text of the rule or rules as amended (if the material
is an amendment to a rule or rules), or the notice of
repeal (if the material is a repealer).
(2) The name, address, email address, and telephone
number of an individual who will be available to answer
questions and provide information to the public concerning
the adopted rules.
(3) Other information that the Secretary of State may
by rule require in the interest of informing the public.
(Source: P.A. 87-823; 87-830; 87-895.)
Section 10. The Uniform Electronic Transactions Act is
amended by changing Section 18 as follows:
(815 ILCS 333/18)
Sec. 18. Acceptance and distribution of electronic records
by governmental agencies.
(a) Except as otherwise provided in Section 12(f), each
governmental agency of this State shall determine whether, and
the extent to which, it will send and accept electronic
records and electronic signatures to and from other persons
and otherwise create, generate, communicate, store, process,
use, and rely upon electronic records and electronic
signatures.
(b) To the extent that a governmental agency uses
electronic records and electronic signatures under subsection
(a), the Department of Innovation and Technology and the
Secretary of State, pursuant to their rulemaking authority
under other law and giving due consideration to security,
shall, no later than 6 months after the effective date of this
amendatory Act of the 103rd General Assembly, adopt
administrative rules that may specify:
(1) the manner and format in which the electronic
records must be created, generated, sent, communicated,
received, and stored and the systems established for those
purposes;
(2) if electronic records must be signed by electronic
means, the type of electronic signature required, the
manner and format in which the electronic signature must
be affixed to the electronic record, and the identity of,
or criteria that must be met by, any third party used by a
person filing a document to facilitate the process;
(3) control processes and procedures as appropriate to
ensure adequate preservation, disposition, integrity,
security, confidentiality, and auditability of electronic
records; and
(4) any other required attributes for electronic
records which are specified for corresponding
nonelectronic records or reasonably necessary under the
circumstances.
(c) Except as otherwise provided in Section 12(f), this
Act does not require a governmental agency of this State to use
or permit the use of electronic records or electronic
signatures.
(Source: P.A. 102-38, eff. 6-25-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.