Bill Text: IL HB0935 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Administrative Procedure Act. Provides that an agency that proposes a new rule or amendment to a rule shall, before or during the first notice period, provide an opportunity for private sector entities to participate in the rulemaking process by utilizing specified techniques, as well as providing those private sector entities with the opportunity to submit their own estimates on the cost of compliance with the proposed rule or amendment. Requires an agency to include those estimates in both a final regulatory flexibility analysis and an analysis of the economic and budgetary effects of the proposed rulemaking. Provides that prior to the filing for publication in the Illinois Register of any proposed rule or amendment, each agency shall estimate the compliance and implementation costs for private parties for that proposed rule or amendment. Extends the maximum length of the second notice period from 90 days to 135 days. Provides that a rule estimated either by an agency or during the second notice period to generate compliance and implementation costs of $10,000,000 or more over a 2-year period shall be deemed objectionable and automatically prohibited, and the Joint Committee on Administrative Rules shall issue a statement to that effect in accordance with specified provisions. Provides that the proposed rule or amendment shall remain prohibited until otherwise authorized by legislation passed by both houses of the General Assembly and signed by the Governor. Provides that any adopted emergency rule estimated to generate compliance and implementation costs of $10,000,000 or more over the term of the emergency rule shall be automatically suspended until otherwise authorized by legislation passed by both houses of the General Assembly and signed by the Governor. Requires the Commission on Government Forecasting and Accountability to publish an annual inflation index to measure the rise in costs stemming from the implementation of rules and amendments to rules. Provides that the Joint Committee has the power to request the Auditor General to perform an independent estimate to assess the cost of a proposed rule or amendment, or the cost of an emergency rule. Provides further requirements concerning the prohibition of proposed rules or amendments. Makes conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB0935 Detail]

Download: Illinois-2019-HB0935-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0935 Introduced , by Rep. David McSweeney SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Administrative Procedure Act. Provides that an agency that proposes a new rule or amendment to a rule shall, before or during the first notice period, provide an opportunity for private sector entities to participate in the rulemaking process by utilizing specified techniques, as well as providing those private sector entities with the opportunity to submit their own estimates on the cost of compliance with the proposed rule or amendment. Requires an agency to include those estimates in both a final regulatory flexibility analysis and an analysis of the economic and budgetary effects of the proposed rulemaking. Provides that prior to the filing for publication in the Illinois Register of any proposed rule or amendment, each agency shall estimate the compliance and implementation costs for private parties for that proposed rule or amendment. Extends the maximum length of the second notice period from 90 days to 135 days. Provides that a rule estimated either by an agency or during the second notice period to generate compliance and implementation costs of $10,000,000 or more over a 2-year period shall be deemed objectionable and automatically prohibited, and the Joint Committee on Administrative Rules shall issue a statement to that effect in accordance with specified provisions. Provides that the proposed rule or amendment shall remain prohibited until otherwise authorized by legislation passed by both houses of the General Assembly and signed by the Governor. Provides that any adopted emergency rule estimated to generate compliance and implementation costs of $10,000,000 or more over the term of the emergency rule shall be automatically suspended until otherwise authorized by legislation passed by both houses of the General Assembly and signed by the Governor. Requires the Commission on Government Forecasting and Accountability to publish an annual inflation index to measure the rise in costs stemming from the implementation of rules and amendments to rules. Provides that the Joint Committee has the power to request the Auditor General to perform an independent estimate to assess the cost of a proposed rule or amendment, or the cost of an emergency rule. Provides further requirements concerning the prohibition of proposed rules or amendments. Makes conforming changes.
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A BILL FOR
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AN ACT concerning government.
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 5-30, 5-40, 5-45, 5-100, and 5-115
as follows:
(5 ILCS 100/5-30) (from Ch. 127, par. 1005-30)
Sec. 5-30. Regulatory flexibility. When an agency proposes
a new rule or an amendment to an existing rule that may have an
impact on small businesses, not for profit corporations, or
small municipalities, the agency shall do each of the
following:
(a) The agency shall consider each of the following
methods for reducing the impact of the rulemaking on small
businesses, not for profit corporations, or small
municipalities. The agency shall reduce the impact by
utilizing one or more of the following methods if it finds
that the methods are legal and feasible in meeting the
statutory objectives that are the basis of the proposed
rulemaking.
(1) Establish less stringent compliance or
reporting requirements in the rule for small
businesses, not for profit corporations, or small

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municipalities.
(2) Establish less stringent schedules or
deadlines in the rule for compliance or reporting
requirements for small businesses, not for profit
corporations, or small municipalities.
(3) Consolidate or simplify the rule's compliance
or reporting requirements for small businesses, not
for profit corporations, or small municipalities.
(4) Establish performance standards to replace
design or operational standards in the rule for small
businesses, not for profit corporations, or small
municipalities.
(5) Exempt small businesses, not for profit
corporations, or small municipalities from any or all
requirements of the rule.
(b) Before or during the notice period required under
subsection (b) of Section 5-40, the agency shall provide an
opportunity for small businesses, not for profit
corporations, or small municipalities to participate in
the rulemaking process. The agency shall utilize one or
more of the following techniques. These techniques are in
addition to other rulemaking requirements imposed by this
Act or by any other Act.
(1) The inclusion in any advance notice of possible
rulemaking of a statement that the rule may have an
impact on small businesses, not for profit

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corporations, or small municipalities.
(2) The publication of a notice of rulemaking in
publications likely to be obtained by small
businesses, not for profit corporations, or small
municipalities.
(3) The direct notification of interested small
businesses, not for profit corporations, or small
municipalities.
(4) The conduct of public hearings concerning the
impact of the rule on small businesses, not for profit
corporations, or small municipalities.
(5) The use of special hearing or comment
procedures to reduce the cost or complexity of
participation in the rulemaking by small businesses,
not for profit corporations, or small municipalities.
(b-5) In addition to the requirements of subsection
(b), before or during the first notice period required
under subsection (b) of Section 5-40, the agency shall also
provide an opportunity for private sector entities other
than small businesses to participate in the rulemaking
process by utilizing the techniques provided under
subsection (b) of this Section, as well as providing those
private sector entities with the opportunity to submit
their own estimates on the cost of compliance with the
proposed rule or amendment to a rule. The agency shall
include those estimates in both a final regulatory

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flexibility analysis and an analysis of the economic and
budgetary effects of the proposed rulemaking as required
under subsection (c) of Section 5-40.
(c) Prior to the filing for publication in the Illinois
Register of any proposed rule or amendment that may have an
adverse impact on small businesses, each agency must
prepare an economic impact analysis which shall be filed
with the proposed rule and publicized in the Illinois
Register together with the proposed rule. The economic
impact analysis shall include the following:
(1) An identification of the types and estimate of
the number of the small businesses subject to the
proposed rule or amendment. The agency shall identify
the types of businesses subject to the proposed rule
using the following 2-digit codes from the North
American Industry Classification System (NAICS):
11 Agriculture, Forestry, Fishing and Hunting.
21 Mining.
22 Utilities.
23 Construction.
31-33 Manufacturing.
42 Wholesale Trade.
44-45 Retail Trade.
48-49 Transportation and Warehousing.
51 Information.
52 Finance and Insurance.

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53 Real Estate Rental and Leasing.
54 Professional, Scientific, and Technical
Services.
55 Management of Companies and Enterprises.
56 Administrative and Support and Waste
Management and Remediation Services.
61 Educational Services.
62 Health Care and Social Assistance.
71 Arts, Entertainment, and Recreation.
72 Accommodation and Food Services.
81 Other Services (except Public
Administration).
92 Public Administration.
The agency shall also identify the impact of the
proposed rule by identifying as many of the following
categories that the agency reasonably believes the
proposed rule will impact:
A. Hiring and additional staffing.
B. Regulatory requirements.
C. Purchasing.
D. Insurance changes.
E. Licensing fees.
F. Equipment and material needs.
G. Training requirements.
H. Recordkeeping Record keeping.
I. Compensation and benefits.

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J. Other potential impacted categories.
(2) The projected reporting, recordkeeping, and
other administrative costs required for compliance
with the proposed rule or amendment, including the type
of professional skills necessary for preparation of
the report or record.
(3) A statement of the probable positive or
negative economic effect on impacted small businesses.
(4) A description of any less intrusive or less
costly alternative methods of achieving the purpose of
the proposed rule or amendment. The alternatives must
be consistent with the stated objectives of the
applicable statutes and the proposed rulemaking.
The Department of Commerce and Economic Opportunity
shall place notification of all proposed rules affecting
small business on its website. The notification shall
include the information provided by the agency under this
subsection (c) together with the summary of the proposed
rule published by the Joint Committee on Administrative
Rules in the Flinn Report.
The Business Assistance Office shall prepare an impact
analysis of the rule or amendment describing its effect on
small businesses whenever the Office believes, in its
discretion, that an analysis is warranted or whenever
requested to do so by 25 interested persons, an association
representing at least 100 interested persons, the

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Governor, a unit of local government, or the Joint
Committee on Administrative Rules. The impact analysis
shall be completed before or within the notice period as
described in subsection (b) of Section 5-40. Upon
completion of any analysis in accordance with this
subsection (c), the preparing agency or the Business
Assistance Office shall submit the analysis to the Joint
Committee on Administrative Rules, to any interested
person who requested the analysis, and, if the agency
prepared the analysis, to the Business Assistance Office.
For purposes of this subsection (c), "small business"
means a business with fewer than 50 full-time employees or
less than $4,000,000 in gross annual sales.
This subsection does not apply to rules and standards
described in paragraphs (1) through (5) of subsection (c)
of Section 1-5.
(d) Prior to the filing for publication in the Illinois
Register of any proposed rule or amendment, each agency
shall estimate the compliance and implementation costs for
private parties for that proposed rule or amendment. If the
agency determines that proposed rule or amendment will
generate compliance and implementation costs for private
parties of $10,000,000 or more over a 2-year period, the
agency shall include this information with the filing for
publication in the Illinois Register of the proposed rule
or amendment, and shall provide notice of this

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determination to the Joint Committee on Administrative
Rules.
(Source: P.A. 100-688, eff. 1-1-19; revised 10-10-18.)
(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
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

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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, including submission of estimates on the cost of
compliance with the proposed rule or amendment to a rule for
private sector entities. 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. The agency
shall consider all submissions received.

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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

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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 90 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 and other private sector entities during the first
notice period and a description of actions taken on any
alternatives to the proposed rule suggested by small businesses
and other private sector entities 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

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analysis of the economic and budgetary effects of the proposed
rulemaking, including estimates submitted during the first
notice period concerning the cost of compliance for private
sector entities. 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 and other private sector entities 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.
(c-5) Any proposed rule or amendment to a rule estimated
either by the agency or during the second notice period to
generate compliance and implementation costs of $10,000,000 or
more over a 2-year period shall be deemed objectionable and
automatically prohibited, and the Joint Committee shall issue a
statement in accordance with Section 5-115. The proposed rule
or amendment shall remain prohibited until otherwise
authorized by legislation passed by both houses of the General
Assembly and signed by the Governor. The $10,000,000 threshold
established under this subsection (c-5) may be adjusted by rule
over time based upon information provided by the Commission on
Government Forecasting and Accountability, which shall be
required to publish an annual inflation index to measure the

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rise in costs stemming from the implementation of rules and
amendments to rules.
(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.

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

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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-3) Notwithstanding any provision to the contrary, any
emergency rule adopted under this Section estimated as provided
under subsection (g) of Section 5-100 to generate compliance
and implementation costs of $10,000,000 or more over the term
of the emergency rule shall be automatically suspended until
otherwise authorized by legislation passed by both houses of
the General Assembly and signed by the Governor. Upon the
signing of authorizing legislation under this subsection
(c-3), the Governor shall provide the Secretary of State Index
Department with a copy of the legislation, and the suspension
of the emergency rule shall be rescinded.
(c-5) To facilitate the maintenance of the program of group

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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

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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

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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

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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

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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

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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

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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

HB0935 - 23 - LRB101 07129 RJF 52167 b
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

HB0935 - 24 - LRB101 07129 RJF 52167 b
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,

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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.

HB0935 - 26 - LRB101 07129 RJF 52167 b
(y) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-23 this
amendatory Act of the 100th General Assembly, emergency rules
to implement the changes made by Public Act 100-23 this
amendatory Act of the 100th General Assembly 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 this
amendatory Act of the 100th General Assembly, emergency rules
to implement the changes made by Public Act 100-554 this
amendatory Act of the 100th General Assembly 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 this amendatory Act of the 100th General

HB0935 - 27 - LRB101 07129 RJF 52167 b
Assembly, 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 this
amendatory Act of the 100th General Assembly, emergency rules
to implement the changes made by Public Act 100-587 this
amendatory Act of the 100th General Assembly 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) (bb) In order to provide for the expeditious and
timely implementation of the provisions of Public Act 100-587
this amendatory Act of the 100th General Assembly, emergency

HB0935 - 28 - LRB101 07129 RJF 52167 b
rules may be adopted in accordance with this subsection (cc)
(bb) to implement the changes made by Public Act 100-587 this
amendatory Act of the 100th General Assembly 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) (bb) is deemed to be
necessary for the public interest, safety, and welfare.
(dd) (aa) In order to provide for the expeditious and
timely implementation of the provisions of Public Act 100-864
this amendatory Act of the 100th General Assembly, emergency
rules to implement the changes made by Public Act 100-864 this
amendatory Act of the 100th General Assembly to Section 3.35 of
the Newborn Metabolic Screening Act may be adopted in
accordance with this subsection (dd) (aa) by the Secretary of
State. The adoption of emergency rules authorized by this
subsection (dd) (aa) is deemed to be necessary for the public
interest, safety, and welfare.
(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
3-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18;

HB0935 - 29 - LRB101 07129 RJF 52167 b
100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff.
8-14-18; revised 10-18-18.)
(5 ILCS 100/5-100) (from Ch. 127, par. 1005-100)
Sec. 5-100. Powers of the Joint Committee. The Joint
Committee shall have the following powers under this Act:
(a) The function of the Joint Committee shall be the
promotion of adequate and proper rules by agencies and an
understanding on the part of the public respecting those rules.
This function shall be advisory only, except as provided in
Sections 5-115 and 5-125.
(b) The Joint Committee may undertake studies and
investigations concerning rulemaking and agency rules.
(c) The Joint Committee shall monitor and investigate
agencies' compliance with the provisions of this Act, make
periodic investigations of the rulemaking activities of all
agencies, and evaluate and report on all rules in terms of
their propriety, legal adequacy, relation to statutory
authorization, economic and budgetary effects, and public
policy.
(d) Hearings and investigations conducted by the Joint
Committee under this Act may be held at times and places within
the State as the Committee deems necessary.
(e) The Joint Committee may request from any agency an
analysis of the following:
(1) The effect of a new rule, amendment, or repealer,

HB0935 - 30 - LRB101 07129 RJF 52167 b
including any direct economic effect on the persons
regulated by the rule; any anticipated effect on the
proposing agency's budget and the budgets of other State
agencies; and any anticipated effects on State revenues.
(2) The agency's evaluation of the submissions
presented to the agency under Section 5-40.
(3) A description of any modifications from the
initially published proposal made in the finally accepted
version of the intended rule, amendment, or repealer.
(4) The agency's justification and rationale for the
intended rule, amendment, or repealer.
(f) Failure of the Joint Committee to object to any
proposed rule, amendment, or repealer or any existing rule
shall not be construed as implying direct or indirect approval
of the rule or proposed rule, amendment, or repealer by the
Joint Committee or the General Assembly.
(g) In addition to other estimates which may be provided,
the Joint Committee may request the Auditor General to perform
an independent estimate before or during the second notice
period to assess the cost of a proposed rule or amendment, or
to assess the cost of an emergency rule after its adoption. The
Joint Committee shall use such estimates in determining whether
to prohibit a proposed rule or amendment to a rule under
subsection (c-5) of Section 5-40 or to suspend an emergency
rule under subsection (c-3) of Section 5-45.
(Source: P.A. 87-823.)

HB0935 - 31 - LRB101 07129 RJF 52167 b
(5 ILCS 100/5-115) (from Ch. 127, par. 1005-115)
Sec. 5-115. Other action by the Joint Committee.
(a) If the Joint Committee determines that the adoption and
effectiveness of a proposed rule, amendment, or repealer or
portion of a proposed rule, amendment, or repealer by an agency
would be objectionable under any of the standards for the Joint
Committee's review specified in Section 5-100, 5-105, 5-110,
5-120, or 5-130 and would constitute a serious threat to the
public interest, safety, or welfare, the Joint Committee may
issue a statement to that effect at any time before the
proposed rule, amendment, or repealer takes effect. The
statement may be issued by the Joint Committee only upon the
affirmative vote of three-fifths of the members appointed to
the Joint Committee. The Joint Committee, however, may withdraw
a statement within 180 days after it is issued upon the
affirmative vote of a majority of the members appointed to the
Joint Committee. A certified copy of each statement and
withdrawal shall be transmitted to the proposing agency and to
the Secretary of State for publication in the next available
issue of the Illinois Register.
(a-5) Notwithstanding the provisions of subsection (a), if
a proposed rule or amendment to a rule is deemed objectionable
under subsection (c-5) of Section 5-40, the Joint Committee
shall issue a statement to that effect any time before the
proposed rule or amendment takes effect. The proposed rule or

HB0935 - 32 - LRB101 07129 RJF 52167 b
amendment deemed objectionable under this subsection (a-5)
shall remain prohibited until otherwise authorized by
legislation passed by both houses of the General Assembly and
signed by the Governor as provided under subsection (c-5). A
certified copy of each statement shall be transmitted to the
proposing agency and to the Secretary of State for publication
in the next available issue of the Illinois Register.
(b) The proposed rule, amendment, or repealer or the
portion of the proposed rule, amendment, or repealer to which
the Joint Committee has issued a statement under subsection (a)
or (a-5) shall not be accepted for filing by the Secretary of
State and shall not take effect unless the statement is
withdrawn, or a joint resolution is passed as provided in
subsection (c), or legislation is passed as provided under
subsection (c-5). The agency may not enforce or invoke for any
reason a proposed rule, amendment, or repealer or any portion
thereof that is prohibited from being filed by this subsection.
(c) After the issuance of a statement under subsection (a),
any member of the General Assembly may introduce in the General
Assembly a joint resolution stating that the General Assembly
desires to discontinue the prohibition against the proposed
rule, amendment, or repealer or the portion thereof to which
the statement was issued being filed and taking effect. If the
joint resolution is not passed by both houses of the General
Assembly within 180 days after receipt of the statement by the
Secretary of State or the statement is not withdrawn as

HB0935 - 33 - LRB101 07129 RJF 52167 b
provided in subsection (a), the agency shall be prohibited from
filing the proposed rule, amendment, or repealer or the portion
thereof and the proposed rule, amendment, or repealer or the
portion thereof shall not take effect. The Secretary of State
shall not accept for filing the proposed rule, amendment, or
repealer or the portion thereof with respect to which the Joint
Committee has issued a statement under subsection (a) unless
that statement is withdrawn or a joint resolution is passed as
provided in this subsection. If the 180-day period expires
before passage of the joint resolution, the agency may not file
the proposed rule, amendment, or repealer or the portion
thereof as adopted and it shall not take effect.
(c-5) After the issuance of a statement under subsection
(a-5), any member of the General Assembly may introduce a bill
stating that the General Assembly desires to discontinue the
prohibition against the proposed rule or amendment, and
authorize the terms of the proposed rule or amendment despite
its objectionable nature. If the bill is not passed by both
houses of the General Assembly within 180 days after receipt of
the statement by the Secretary of State, and then signed by the
Governor thereafter, the agency shall be prohibited from filing
the proposed rule or amendment, and the proposed rule or
amendment shall not take effect. The Secretary of State shall
not accept for filing the proposed rule or amendment with
respect to which the Joint Committee has issued a statement
under subsection (a-5) unless authorizing legislation is

HB0935 - 34 - LRB101 07129 RJF 52167 b
passed as provided in this subsection (c-5). If the 180-day
period expires before passage of the bill through both houses,
the agency may not file the proposed rule or amendment, and it
shall not take effect. Upon the signing of authorizing
legislation under this subsection (c-5), the Governor shall
provide the Secretary of State Index Department with a copy of
the legislation, and the agency shall then be authorized to
file the proposed rule or amendment, and it shall be allowed to
take effect.
(d) If a statement is issued under this Section, then, in
response to an objection or suggestion of the Joint Committee,
the agency may propose changes to the proposed rule, amendment,
or repealer or portion of a proposed rule, amendment, or
repealer. If the agency proposes changes, it must provide
additional notice to the Joint Committee under the same terms
and conditions and shall be subject to the same requirements
and limitations as those set forth for a second notice period
under subsection (c) of Section 5-40.
(Source: P.A. 93-1035, eff. 9-10-04; 93-1074, eff. 1-18-05.)
HB0935 - 35 - LRB101 07129 RJF 52167 b
INDEX
Statutes amended in order of appearance