104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3668 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-40 from Ch. 127, par. 1005-405 ILCS 100/5-132 new Amends the Illinois Administrative Procedure Act. Requires an agency in a proposed rulemaking to carry out, before moving to the second notice period, a good-faith analysis of the net new costs to be imposed upon (i) entities in the private sector and (ii) units of local government and taxing bodies other than the State of Illinois. Provides that if the proposed rulemaking is found to impose net new costs upon those entities, the text of the proposed rule must contain reliefs to balance the net new costs. Prohibits the adoption or filing of any rule or modification or repeal of any rule that imposes net new costs upon any of those entities. Provides that the Joint Committee on Administrative Rules shall scrutinize compliance with these requirements and that any failure of an agency to comply shall trigger the prohibition or suspension of a proposed rule. Creates a private cause of action for a party injured by the adoption of a rule in violation of the requirements added by the amendatory Act. LRB104 07184 BDA 17221 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3668 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-40 from Ch. 127, par. 1005-405 ILCS 100/5-132 new 5 ILCS 100/5-40 from Ch. 127, par. 1005-40 5 ILCS 100/5-132 new Amends the Illinois Administrative Procedure Act. Requires an agency in a proposed rulemaking to carry out, before moving to the second notice period, a good-faith analysis of the net new costs to be imposed upon (i) entities in the private sector and (ii) units of local government and taxing bodies other than the State of Illinois. Provides that if the proposed rulemaking is found to impose net new costs upon those entities, the text of the proposed rule must contain reliefs to balance the net new costs. Prohibits the adoption or filing of any rule or modification or repeal of any rule that imposes net new costs upon any of those entities. Provides that the Joint Committee on Administrative Rules shall scrutinize compliance with these requirements and that any failure of an agency to comply shall trigger the prohibition or suspension of a proposed rule. Creates a private cause of action for a party injured by the adoption of a rule in violation of the requirements added by the amendatory Act. LRB104 07184 BDA 17221 b LRB104 07184 BDA 17221 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3668 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-40 from Ch. 127, par. 1005-405 ILCS 100/5-132 new 5 ILCS 100/5-40 from Ch. 127, par. 1005-40 5 ILCS 100/5-132 new
5 ILCS 100/5-40 from Ch. 127, par. 1005-40
5 ILCS 100/5-132 new
Amends the Illinois Administrative Procedure Act. Requires an agency in a proposed rulemaking to carry out, before moving to the second notice period, a good-faith analysis of the net new costs to be imposed upon (i) entities in the private sector and (ii) units of local government and taxing bodies other than the State of Illinois. Provides that if the proposed rulemaking is found to impose net new costs upon those entities, the text of the proposed rule must contain reliefs to balance the net new costs. Prohibits the adoption or filing of any rule or modification or repeal of any rule that imposes net new costs upon any of those entities. Provides that the Joint Committee on Administrative Rules shall scrutinize compliance with these requirements and that any failure of an agency to comply shall trigger the prohibition or suspension of a proposed rule. Creates a private cause of action for a party injured by the adoption of a rule in violation of the requirements added by the amendatory Act.
LRB104 07184 BDA 17221 b LRB104 07184 BDA 17221 b
LRB104 07184 BDA 17221 b
A BILL FOR
HB3668LRB104 07184 BDA 17221 b HB3668 LRB104 07184 BDA 17221 b
HB3668 LRB104 07184 BDA 17221 b
1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Section 5-40 and by adding Section 5-132
6 as follows:
7 (5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
8 Sec. 5-40. General rulemaking.
9 (a) In all rulemaking to which Sections 5-45 and 5-50 do
10 not apply, each agency shall comply with this Section.
11 (b) Each agency shall give at least 45 days' notice of its
12 intended action to the general public. This first notice
13 period shall commence on the first day the notice appears in
14 the Illinois Register. The first notice shall include all the
15 following:
16 (1) The text of the proposed rule, the old and new
17 materials of a proposed amendment, or the text of the
18 provision to be repealed.
19 (2) The specific statutory citation upon which the
20 proposed rule, the proposed amendment to a rule, or the
21 proposed repeal of a rule is based and by which it is
22 authorized.
23 (3) A complete description of the subjects and issues
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3668 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-40 from Ch. 127, par. 1005-405 ILCS 100/5-132 new 5 ILCS 100/5-40 from Ch. 127, par. 1005-40 5 ILCS 100/5-132 new
5 ILCS 100/5-40 from Ch. 127, par. 1005-40
5 ILCS 100/5-132 new
Amends the Illinois Administrative Procedure Act. Requires an agency in a proposed rulemaking to carry out, before moving to the second notice period, a good-faith analysis of the net new costs to be imposed upon (i) entities in the private sector and (ii) units of local government and taxing bodies other than the State of Illinois. Provides that if the proposed rulemaking is found to impose net new costs upon those entities, the text of the proposed rule must contain reliefs to balance the net new costs. Prohibits the adoption or filing of any rule or modification or repeal of any rule that imposes net new costs upon any of those entities. Provides that the Joint Committee on Administrative Rules shall scrutinize compliance with these requirements and that any failure of an agency to comply shall trigger the prohibition or suspension of a proposed rule. Creates a private cause of action for a party injured by the adoption of a rule in violation of the requirements added by the amendatory Act.
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LRB104 07184 BDA 17221 b
A BILL FOR
5 ILCS 100/5-40 from Ch. 127, par. 1005-40
5 ILCS 100/5-132 new
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1 involved.
2 (3.5) A descriptive title or other description of any
3 published study or research report used in developing the
4 rule, the identity of the person who performed such study,
5 and a description of where the public may obtain a copy of
6 any such study or research report. If the study was
7 performed by an agency or by a person or entity that
8 contracted with the agency for the performance of the
9 study, the agency shall also make copies of the underlying
10 data available to members of the public upon request if
11 the data are not protected from disclosure under the
12 Freedom of Information Act.
13 (4) For all proposed rules and proposed amendments to
14 rules, an initial regulatory flexibility analysis
15 containing a description of the types of small businesses
16 subject to the rule; a brief description of the proposed
17 reporting, bookkeeping, and other procedures required for
18 compliance with the rule; and a description of the types
19 of professional skills necessary for compliance.
20 (5) The time, place, and manner in which interested
21 persons may present their views and comments concerning
22 the proposed rulemaking.
23 During the first notice period, the agency shall accept
24 data, views, arguments, or comments from any interested
25 persons. The agency shall accept submissions in writing,
26 including submissions by email or by other publicly accessible
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1 electronic means through its website. In the discretion of the
2 agency, submissions may be submitted orally. The notice
3 published in the Illinois Register shall indicate the manner
4 selected by the agency for the submissions, including the
5 email address or website address where submissions will be
6 accepted. The agency shall consider all submissions received.
7 The agency shall hold a public hearing on the proposed
8 rulemaking during the first notice period if (i) during the
9 first notice period, the agency finds that a public hearing
10 would facilitate the submission of views and comments that
11 might not otherwise be submitted or (ii) the agency receives a
12 request for a public hearing, within the first 14 days after
13 publication of the notice of proposed rulemaking in the
14 Illinois Register, from 25 interested persons, an association
15 representing at least 100 interested persons, the Governor,
16 the Joint Committee on Administrative Rules, or a unit of
17 local government that may be affected. At the public hearing,
18 the agency shall allow interested persons to present views and
19 comments on the proposed rulemaking. A public hearing in
20 response to a request for a hearing may not be held less than
21 20 days after the publication of the notice of proposed
22 rulemaking in the Illinois Register unless notice of the
23 public hearing is included in the notice of proposed
24 rulemaking. A public hearing on proposed rulemaking may not be
25 held less than 5 days before submission of the notice required
26 under subsection (c) of this Section to the Joint Committee on
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1 Administrative Rules. Each agency may prescribe reasonable
2 rules for the conduct of public hearings on proposed
3 rulemaking to prevent undue repetition at the hearings. The
4 hearings must be open to the public and recorded by
5 stenographic or mechanical means. At least one agency
6 representative shall be present during the hearing who is
7 qualified to respond to general questions from the public
8 regarding the agency's proposal and the rulemaking process.
9 (b-1) On and after the effective date of this amendatory
10 Act of the 104th General Assembly, before providing additional
11 notice of the proposed rulemaking to the Joint Committee on
12 Administrative Rules under subsection (c), the agency must
13 carry out a good-faith analysis of the net new costs to be
14 imposed by the proposed rulemaking upon (i) entities in the
15 private sector and (ii) units of local government and taxing
16 bodies other than the State of Illinois. If the proposed
17 rulemaking is found to impose net new costs upon any entity
18 under this subsection (b-1), the text of the proposed rule
19 must contain reliefs to balance the net new costs. On and after
20 the effective date of this amendatory Act of the 104th General
21 Assembly, no rule or modification or repeal of any rule may be
22 adopted, or filed with the Secretary of State, that imposes
23 net new costs upon any entity under this subsection (b-1).
24 (c) Each agency shall provide additional notice of the
25 proposed rulemaking to the Joint Committee on Administrative
26 Rules. The period commencing on the day written notice is
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1 received by the Joint Committee shall be known as the second
2 notice period and shall expire 45 days thereafter unless
3 before that time the agency and the Joint Committee have
4 agreed to extend the second notice period beyond 45 days for a
5 period not to exceed an additional 45 days or unless the agency
6 has received a statement of objection from the Joint Committee
7 or notification from the Joint Committee that no objection
8 will be issued. The written notice to the Joint Committee
9 shall include (i) the text and location of any changes made to
10 the proposed rulemaking during the first notice period in a
11 form prescribed by the Joint Committee; (ii) for all proposed
12 rules and proposed amendments to rules, a final regulatory
13 flexibility analysis containing a summary of issues raised by
14 small businesses during the first notice period and a
15 description of actions taken on any alternatives to the
16 proposed rule suggested by small businesses during the first
17 notice period, including reasons for rejecting any
18 alternatives not utilized; and (iii) if a written request has
19 been made by the Joint Committee within 30 days after initial
20 notice appears in the Illinois Register under subsection (b)
21 of this Section, an analysis of the economic and budgetary
22 effects of the proposed rulemaking; and (iv) evidence of the
23 requirements under subsection (b-1) of this Section. After
24 commencement of the second notice period, no substantive
25 change may be made to a proposed rulemaking unless it is made
26 in response to an objection or suggestion of the Joint
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1 Committee. The agency shall also send a copy of the final
2 regulatory flexibility analysis to each small business that
3 has presented views or comments on the proposed rulemaking
4 during the first notice period and to any other interested
5 person who requests a copy. The agency may charge a reasonable
6 fee for providing the copies to cover postage and handling
7 costs.
8 (d) After the expiration of the second notice period,
9 after notification from the Joint Committee that no objection
10 will be issued, or after a response by the agency to a
11 statement of objections issued by the Joint Committee,
12 whichever is applicable, the agency shall file, under Section
13 5-65, a certified copy of each rule, modification, or repeal
14 of any rule adopted by it. The copy shall be published in the
15 Illinois Register. Each rule hereafter adopted under this
16 Section is effective upon filing unless a later effective date
17 is required by statute or is specified in the rulemaking.
18 (e) No rule or modification or repeal of any rule may be
19 adopted, or filed with the Secretary of State, more than one
20 year after the date the first notice period for the rulemaking
21 under subsection (b) commenced. Any period during which the
22 rulemaking is prohibited from being filed under Section 5-115
23 shall not be considered in calculating this one-year time
24 period.
25 (Source: P.A. 103-390, eff. 7-28-23.)
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