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Full Text of HB5130

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HB5130 - 104th General Assembly

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HB5130 Enrolled
LRB104 19885 BDA 33335 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 as follows:

6

(5 ILCS 100/5-40)

(from Ch. 127, par. 1005-40)
7

Sec. 5-40.
General rulemaking.
8

(a) In all rulemaking to which Sections 5-45 and 5-50 do
9
not apply, each agency shall comply with this Section.
10

(b) Each agency shall give at least 45 days' notice of its
11
intended action to the general public. This first notice
12
period shall commence on the first day the notice appears in
13
the Illinois Register. The first notice shall include all the
14
following:
15

(1) The text of the proposed rule, the old and new
16

materials of a proposed amendment, or the text of the
17

provision to be repealed.
18

(2) The specific statutory citation upon which the
19

proposed rule, the proposed amendment to a rule, or the
20

proposed repeal of a rule is based and by which it is
21

authorized.
22

(3) A complete description of the subjects and issues
23

involved.

HB5130 Enrolled
- 2 -
LRB104 19885 BDA 33335 b
1

(3.5) A descriptive title or other description of any
2

published study or research report used in developing the
3

rule, the identity of the person who performed such study,
4

and a description of where the public may obtain a copy of
5

any such study or research report. If the study was
6

performed by an agency or by a person or entity that
7

contracted with the agency for the performance of the
8

study, the agency shall also make copies of the underlying
9

data available to members of the public upon request if
10

the data are not protected from disclosure under the
11

Freedom of Information Act.
12

(4) For all proposed rules and proposed amendments to
13

rules, an initial regulatory flexibility analysis
14

containing a description of the types of small businesses
15

subject to the rule; a brief description of the proposed
16

reporting, bookkeeping, and other procedures required for
17

compliance with the rule; and a description of the types
18

of professional skills necessary for compliance.
19

(5) The time, place, and manner in which interested
20

persons may present their views and comments concerning
21

the proposed rulemaking.
22

During the first notice period, the agency shall accept
23
data, views, arguments, or comments from any interested
24
persons. The agency shall accept submissions in writing,
25
including submissions by email or by other publicly accessible
26
electronic means through its website. In the discretion of the

HB5130 Enrolled
- 3 -
LRB104 19885 BDA 33335 b
1
agency, submissions may be submitted orally. The notice
2
published in the Illinois Register shall indicate the manner
3
selected by the agency for the submissions, including the
4
email address or website address where submissions will be
5
accepted. The agency shall consider all submissions received.
6

The agency shall hold a public hearing on the proposed
7
rulemaking during the first notice period if (i) during the
8
first notice period, the agency finds that a public hearing
9
would facilitate the submission of views and comments that
10
might not otherwise be submitted or (ii) the agency receives a
11
request for a public hearing, within the first 14 days after
12
publication of the notice of proposed rulemaking in the
13
Illinois Register, from 25 interested persons, an association
14
representing at least 100 interested persons, the Governor,
15
the Joint Committee on Administrative Rules, or a unit of
16
local government that may be affected. At the public hearing,
17
the agency shall allow interested persons to present views and
18
comments on the proposed rulemaking. A public hearing in
19
response to a request for a hearing may not be held less than
20
20 days after the publication of the notice of proposed
21
rulemaking in the Illinois Register unless notice of the
22
public hearing is included in the notice of proposed
23
rulemaking. A public hearing on proposed rulemaking may not be
24
held less than 5 days before submission of the notice required
25
under subsection (c) of this Section to the Joint Committee on
26
Administrative Rules. Each agency may prescribe reasonable

HB5130 Enrolled
- 4 -
LRB104 19885 BDA 33335 b
1
rules for the conduct of public hearings on proposed
2
rulemaking to prevent undue repetition at the hearings. The
3
hearings must be open to the public and recorded by
4
stenographic or mechanical means. At least one agency
5
representative shall be present during the hearing who is
6
qualified to respond to general questions from the public
7
regarding the agency's proposal and the rulemaking process.
8

(c) Each agency shall provide additional notice of the
9
proposed rulemaking to the Joint Committee on Administrative
10
Rules. The period commencing on the day written notice is
11
received by the Joint Committee shall be known as the second
12
notice period and shall expire 45 days thereafter unless
13
before that time the agency and the Joint Committee have
14
agreed to extend the second notice period beyond 45 days for a
15
period not to exceed an additional 45 days or unless the agency
16
has received a statement of objection from the Joint Committee
17
or notification from the Joint Committee that no objection
18
will be issued. The written notice to the Joint Committee
19
shall include (i) the text and location of any changes made to
20
the proposed rulemaking during the first notice period in a
21
form prescribed by the Joint Committee; (ii) for all proposed
22
rules and proposed amendments to rules, a final regulatory
23
flexibility analysis containing a summary of issues raised by
24
small businesses during the first notice period and a
25
description of actions taken on any alternatives to the
26
proposed rule suggested by small businesses during the first

HB5130 Enrolled
- 5 -
LRB104 19885 BDA 33335 b
1
notice period, including reasons for rejecting any
2
alternatives not utilized; and (iii) if a written request has
3
been made by the Joint Committee within 30 days after initial
4
notice appears in the Illinois Register under subsection (b)
5
of this Section, an analysis of the economic and budgetary
6
effects of the proposed rulemaking. After commencement of the
7
second notice period, no substantive change may be made to a
8
proposed rulemaking unless it is made in response to an
9
objection or suggestion of the Joint Committee. The agency
10
shall also send a copy of the final regulatory flexibility
11
analysis to each small business that has presented views or
12
comments on the proposed rulemaking during the first notice
13
period and to any other interested person who requests a copy.
14
The agency may charge a reasonable fee for providing the
15
copies to cover postage and handling costs.
16

(c-5) Notwithstanding the limitation in subsection (c),
17
during the 45-day extension period, an agency and the Joint
18
Committee may agree to a second extension of the second notice
19
period for an additional period not to exceed 45 days.

20

(d) After the expiration of the second notice period,
21
after notification from the Joint Committee that no objection
22
will be issued, or after a response by the agency to a
23
statement of objections issued by the Joint Committee,
24
whichever is applicable, the agency shall file, under Section
25
5-65, a certified copy of each rule, modification, or repeal
26
of any rule adopted by it. The copy shall be published in the

HB5130 Enrolled
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LRB104 19885 BDA 33335 b
1
Illinois Register. Each rule hereafter adopted under this
2
Section is effective upon filing unless a later effective date
3
is required by statute or is specified in the rulemaking.
4

(e) No rule or modification or repeal of any rule may be
5
adopted, or filed with the Secretary of State, more than one
6
year after the date the first notice period for the rulemaking
7
under subsection (b) commenced. Any period during which the
8
rulemaking is prohibited from being filed under Section 5-115
9
shall not be considered in calculating this one-year time
10
period.
Additionally, a second extension period granted
11
pursuant to subsection (c-5) shall not be considered in
12
calculating this one-year time period.

13
(Source: P.A. 103-390, eff. 7-28-23.)

14

Section 99.
Effective date.
This Act takes effect upon
15
becoming law.

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