Sen. Martin A. Sandoval
Filed: 3/6/2017
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1 | AMENDMENT TO SENATE BILL 691
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2 | AMENDMENT NO. ______. Amend Senate Bill 691, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment No. | ||||||
4 | 1 as follows:
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5 | on page 1, immediately below line 3, by inserting the | ||||||
6 | following: | ||||||
7 | "Section 3. The Illinois Administrative Procedure Act is | ||||||
8 | amended by changing Section 5-45 as follows: | ||||||
9 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
10 | (Text of Section before amendment by P.A. 99-906 ) | ||||||
11 | Sec. 5-45. Emergency rulemaking. | ||||||
12 | (a) "Emergency" means the existence of any situation that | ||||||
13 | any agency
finds reasonably constitutes a threat to the public | ||||||
14 | interest, safety, or
welfare. | ||||||
15 | (b) If any agency finds that an
emergency exists that |
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1 | requires adoption of a rule upon fewer days than
is required by | ||||||
2 | Section 5-40 and states in writing its reasons for that
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3 | finding, the agency may adopt an emergency rule without prior | ||||||
4 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
5 | with the Secretary of
State under Section 5-70. The notice | ||||||
6 | shall include the text of the
emergency rule and shall be | ||||||
7 | published in the Illinois Register. Consent
orders or other | ||||||
8 | court orders adopting settlements negotiated by an agency
may | ||||||
9 | be adopted under this Section. Subject to applicable | ||||||
10 | constitutional or
statutory provisions, an emergency rule | ||||||
11 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
12 | at a stated date less than 10 days
thereafter. The agency's | ||||||
13 | finding and a statement of the specific reasons
for the finding | ||||||
14 | shall be filed with the rule. The agency shall take
reasonable | ||||||
15 | and appropriate measures to make emergency rules known to the
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16 | persons who may be affected by them. | ||||||
17 | (c) An emergency rule may be effective for a period of not | ||||||
18 | longer than
150 days, but the agency's authority to adopt an | ||||||
19 | identical rule under Section
5-40 is not precluded. No | ||||||
20 | emergency rule may be adopted more
than once in any 24-month 24 | ||||||
21 | month period, except that this limitation on the number
of | ||||||
22 | emergency rules that may be adopted in a 24-month 24 month | ||||||
23 | period does not apply
to (i) emergency rules that make | ||||||
24 | additions to and deletions from the Drug
Manual under Section | ||||||
25 | 5-5.16 of the Illinois Public Aid Code or the
generic drug | ||||||
26 | formulary under Section 3.14 of the Illinois Food, Drug
and |
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1 | Cosmetic Act, (ii) emergency rules adopted by the Pollution | ||||||
2 | Control
Board before July 1, 1997 to implement portions of the | ||||||
3 | Livestock Management
Facilities Act, (iii) emergency rules | ||||||
4 | adopted by the Illinois Department of Public Health under | ||||||
5 | subsections (a) through (i) of Section 2 of the Department of | ||||||
6 | Public Health Act when necessary to protect the public's | ||||||
7 | health, (iv) emergency rules adopted pursuant to subsection (n) | ||||||
8 | of this Section, (v) emergency rules adopted pursuant to | ||||||
9 | subsection (o) of this Section, or (vi) emergency rules adopted | ||||||
10 | pursuant to subsection (c-5) of this Section. Two or more | ||||||
11 | emergency rules having substantially the same
purpose and | ||||||
12 | effect shall be deemed to be a single rule for purposes of this
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13 | Section. | ||||||
14 | (c-5) To facilitate the maintenance of the program of group | ||||||
15 | health benefits provided to annuitants, survivors, and retired | ||||||
16 | employees under the State Employees Group Insurance Act of | ||||||
17 | 1971, rules to alter the contributions to be paid by the State, | ||||||
18 | annuitants, survivors, retired employees, or any combination | ||||||
19 | of those entities, for that program of group health benefits, | ||||||
20 | shall be adopted as emergency rules. The adoption of those | ||||||
21 | rules shall be considered an emergency and necessary for the | ||||||
22 | public interest, safety, and welfare. | ||||||
23 | (d) In order to provide for the expeditious and timely | ||||||
24 | implementation
of the State's fiscal year 1999 budget, | ||||||
25 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
26 | or 90-588
or any other budget initiative for fiscal year 1999 |
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1 | may be adopted in
accordance with this Section by the agency | ||||||
2 | charged with administering that
provision or initiative, | ||||||
3 | except that the 24-month limitation on the adoption
of | ||||||
4 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
5 | do not apply
to rules adopted under this subsection (d). The | ||||||
6 | adoption of emergency rules
authorized by this subsection (d) | ||||||
7 | shall be deemed to be necessary for the
public interest, | ||||||
8 | safety, and welfare. | ||||||
9 | (e) In order to provide for the expeditious and timely | ||||||
10 | implementation
of the State's fiscal year 2000 budget, | ||||||
11 | emergency rules to implement any
provision of Public Act 91-24
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12 | or any other budget initiative for fiscal year 2000 may be | ||||||
13 | adopted in
accordance with this Section by the agency charged | ||||||
14 | with administering that
provision or initiative, except that | ||||||
15 | the 24-month limitation on the adoption
of emergency rules and | ||||||
16 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
17 | rules adopted under this subsection (e). The adoption of | ||||||
18 | emergency rules
authorized by this subsection (e) shall be | ||||||
19 | deemed to be necessary for the
public interest, safety, and | ||||||
20 | welfare. | ||||||
21 | (f) In order to provide for the expeditious and timely | ||||||
22 | implementation
of the State's fiscal year 2001 budget, | ||||||
23 | emergency rules to implement any
provision of Public Act 91-712
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24 | or any other budget initiative for fiscal year 2001 may be | ||||||
25 | adopted in
accordance with this Section by the agency charged | ||||||
26 | with administering that
provision or initiative, except that |
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1 | the 24-month limitation on the adoption
of emergency rules and | ||||||
2 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
3 | rules adopted under this subsection (f). The adoption of | ||||||
4 | emergency rules
authorized by this subsection (f) shall be | ||||||
5 | deemed to be necessary for the
public interest, safety, and | ||||||
6 | welfare. | ||||||
7 | (g) In order to provide for the expeditious and timely | ||||||
8 | implementation
of the State's fiscal year 2002 budget, | ||||||
9 | emergency rules to implement any
provision of Public Act 92-10
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10 | or any other budget initiative for fiscal year 2002 may be | ||||||
11 | adopted in
accordance with this Section by the agency charged | ||||||
12 | with administering that
provision or initiative, except that | ||||||
13 | the 24-month limitation on the adoption
of emergency rules and | ||||||
14 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
15 | rules adopted under this subsection (g). The adoption of | ||||||
16 | emergency rules
authorized by this subsection (g) shall be | ||||||
17 | deemed to be necessary for the
public interest, safety, and | ||||||
18 | welfare. | ||||||
19 | (h) In order to provide for the expeditious and timely | ||||||
20 | implementation
of the State's fiscal year 2003 budget, | ||||||
21 | emergency rules to implement any
provision of Public Act 92-597
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22 | or any other budget initiative for fiscal year 2003 may be | ||||||
23 | adopted in
accordance with this Section by the agency charged | ||||||
24 | with administering that
provision or initiative, except that | ||||||
25 | the 24-month limitation on the adoption
of emergency rules and | ||||||
26 | the provisions of Sections 5-115 and 5-125 do not apply
to |
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1 | rules adopted under this subsection (h). The adoption of | ||||||
2 | emergency rules
authorized by this subsection (h) shall be | ||||||
3 | deemed to be necessary for the
public interest, safety, and | ||||||
4 | welfare. | ||||||
5 | (i) In order to provide for the expeditious and timely | ||||||
6 | implementation
of the State's fiscal year 2004 budget, | ||||||
7 | emergency rules to implement any
provision of Public Act 93-20
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8 | or any other budget initiative for fiscal year 2004 may be | ||||||
9 | adopted in
accordance with this Section by the agency charged | ||||||
10 | with administering that
provision or initiative, except that | ||||||
11 | the 24-month limitation on the adoption
of emergency rules and | ||||||
12 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
13 | rules adopted under this subsection (i). The adoption of | ||||||
14 | emergency rules
authorized by this subsection (i) shall be | ||||||
15 | deemed to be necessary for the
public interest, safety, and | ||||||
16 | welfare. | ||||||
17 | (j) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of the State's fiscal year | ||||||
19 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
20 | Implementation (Human Services) Act, emergency rules to | ||||||
21 | implement any provision of the Fiscal Year 2005 Budget | ||||||
22 | Implementation (Human Services) Act may be adopted in | ||||||
23 | accordance with this Section by the agency charged with | ||||||
24 | administering that provision, except that the 24-month | ||||||
25 | limitation on the adoption of emergency rules and the | ||||||
26 | provisions of Sections 5-115 and 5-125 do not apply to rules |
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1 | adopted under this subsection (j). The Department of Public Aid | ||||||
2 | may also adopt rules under this subsection (j) necessary to | ||||||
3 | administer the Illinois Public Aid Code and the Children's | ||||||
4 | Health Insurance Program Act. The adoption of emergency rules | ||||||
5 | authorized by this subsection (j) shall be deemed to be | ||||||
6 | necessary for the public interest, safety, and welfare.
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7 | (k) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of the State's fiscal year | ||||||
9 | 2006 budget, emergency rules to implement any provision of | ||||||
10 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
11 | 2006 may be adopted in accordance with this Section by the | ||||||
12 | agency charged with administering that provision or | ||||||
13 | initiative, except that the 24-month limitation on the adoption | ||||||
14 | of emergency rules and the provisions of Sections 5-115 and | ||||||
15 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
16 | The Department of Healthcare and Family Services may also adopt | ||||||
17 | rules under this subsection (k) necessary to administer the | ||||||
18 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
19 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
20 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
21 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
22 | Children's Health Insurance Program Act. The adoption of | ||||||
23 | emergency rules authorized by this subsection (k) shall be | ||||||
24 | deemed to be necessary for the public interest, safety, and | ||||||
25 | welfare.
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26 | (l) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of the
State's fiscal year | ||||||
2 | 2007 budget, the Department of Healthcare and Family Services | ||||||
3 | may adopt emergency rules during fiscal year 2007, including | ||||||
4 | rules effective July 1, 2007, in
accordance with this | ||||||
5 | subsection to the extent necessary to administer the | ||||||
6 | Department's responsibilities with respect to amendments to | ||||||
7 | the State plans and Illinois waivers approved by the federal | ||||||
8 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
9 | requirements of Title XIX and Title XXI of the federal Social | ||||||
10 | Security Act. The adoption of emergency rules
authorized by | ||||||
11 | this subsection (l) shall be deemed to be necessary for the | ||||||
12 | public interest,
safety, and welfare.
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13 | (m) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the
State's fiscal year | ||||||
15 | 2008 budget, the Department of Healthcare and Family Services | ||||||
16 | may adopt emergency rules during fiscal year 2008, including | ||||||
17 | rules effective July 1, 2008, in
accordance with this | ||||||
18 | subsection to the extent necessary to administer the | ||||||
19 | Department's responsibilities with respect to amendments to | ||||||
20 | the State plans and Illinois waivers approved by the federal | ||||||
21 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
22 | requirements of Title XIX and Title XXI of the federal Social | ||||||
23 | Security Act. The adoption of emergency rules
authorized by | ||||||
24 | this subsection (m) shall be deemed to be necessary for the | ||||||
25 | public interest,
safety, and welfare.
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26 | (n) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of the State's fiscal year | ||||||
2 | 2010 budget, emergency rules to implement any provision of | ||||||
3 | Public Act 96-45 or any other budget initiative authorized by | ||||||
4 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
5 | in accordance with this Section by the agency charged with | ||||||
6 | administering that provision or initiative. The adoption of | ||||||
7 | emergency rules authorized by this subsection (n) shall be | ||||||
8 | deemed to be necessary for the public interest, safety, and | ||||||
9 | welfare. The rulemaking authority granted in this subsection | ||||||
10 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
11 | 2010. | ||||||
12 | (o) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of the State's fiscal year | ||||||
14 | 2011 budget, emergency rules to implement any provision of | ||||||
15 | Public Act 96-958 or any other budget initiative authorized by | ||||||
16 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
17 | in accordance with this Section by the agency charged with | ||||||
18 | administering that provision or initiative. The adoption of | ||||||
19 | emergency rules authorized by this subsection (o) is deemed to | ||||||
20 | be necessary for the public interest, safety, and welfare. The | ||||||
21 | rulemaking authority granted in this subsection (o) applies | ||||||
22 | only to rules promulgated on or after July 1, 2010 ( the | ||||||
23 | effective date of Public Act 96-958 ) through June 30, 2011. | ||||||
24 | (p) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Public Act 97-689, | ||||||
26 | emergency rules to implement any provision of Public Act 97-689 |
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1 | may be adopted in accordance with this subsection (p) by the | ||||||
2 | agency charged with administering that provision or | ||||||
3 | initiative. The 150-day limitation of the effective period of | ||||||
4 | emergency rules does not apply to rules adopted under this | ||||||
5 | subsection (p), and the effective period may continue through | ||||||
6 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
7 | emergency rules does not apply to rules adopted under this | ||||||
8 | subsection (p). The adoption of emergency rules authorized by | ||||||
9 | this subsection (p) is deemed to be necessary for the public | ||||||
10 | interest, safety, and welfare. | ||||||
11 | (q) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
13 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
14 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
15 | may be adopted in accordance with this subsection (q) by the | ||||||
16 | agency charged with administering that provision or | ||||||
17 | initiative. The 24-month limitation on the adoption of | ||||||
18 | emergency rules does not apply to rules adopted under this | ||||||
19 | subsection (q). The adoption of emergency rules authorized by | ||||||
20 | this subsection (q) is deemed to be necessary for the public | ||||||
21 | interest, safety, and welfare. | ||||||
22 | (r) In order to provide for the expeditious and timely | ||||||
23 | implementation of the provisions of Public Act 98-651, | ||||||
24 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
25 | in accordance with this subsection (r) by the Department of | ||||||
26 | Healthcare and Family Services. The 24-month limitation on the |
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1 | adoption of emergency rules does not apply to rules adopted | ||||||
2 | under this subsection (r). The adoption of emergency rules | ||||||
3 | authorized by this subsection (r) is deemed to be necessary for | ||||||
4 | the public interest, safety, and welfare. | ||||||
5 | (s) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
7 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
8 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
9 | Public Aid Code may be adopted in accordance with this | ||||||
10 | subsection (s) by the Department of Healthcare and Family | ||||||
11 | Services. The rulemaking authority granted in this subsection | ||||||
12 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
13 | 2015. Notwithstanding any other provision of this Section, any | ||||||
14 | emergency rule adopted under this subsection (s) shall only | ||||||
15 | apply to payments made for State fiscal year 2015. The adoption | ||||||
16 | of emergency rules authorized by this subsection (s) is deemed | ||||||
17 | to be necessary for the public interest, safety, and welfare. | ||||||
18 | (t) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Article II of Public Act | ||||||
20 | 99-6, emergency rules to implement the changes made by Article | ||||||
21 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
22 | be adopted in accordance with this subsection (t) by the | ||||||
23 | Department of State Police. The rulemaking authority granted in | ||||||
24 | this subsection (t) shall apply only to those rules adopted | ||||||
25 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
26 | of emergency rules does not apply to rules adopted under this |
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1 | subsection (t). The adoption of emergency rules authorized by | ||||||
2 | this subsection (t) is deemed to be necessary for the public | ||||||
3 | interest, safety, and welfare. | ||||||
4 | (u) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the Burn Victims Relief | ||||||
6 | Act, emergency rules to implement any provision of the Act may | ||||||
7 | be adopted in accordance with this subsection (u) by the | ||||||
8 | Department of Insurance. The rulemaking authority granted in | ||||||
9 | this subsection (u) shall apply only to those rules adopted | ||||||
10 | prior to December 31, 2015. The adoption of emergency rules | ||||||
11 | authorized by this subsection (u) is deemed to be necessary for | ||||||
12 | the public interest, safety, and welfare. | ||||||
13 | (v) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of Public Act 99-516 this | ||||||
15 | amendatory Act of the 99th General Assembly , emergency rules to | ||||||
16 | implement Public Act 99-516 this amendatory Act of the 99th | ||||||
17 | General Assembly may be adopted in accordance with this | ||||||
18 | subsection (v) by the Department of Healthcare and Family | ||||||
19 | Services. The 24-month limitation on the adoption of emergency | ||||||
20 | rules does not apply to rules adopted under this subsection | ||||||
21 | (v). The adoption of emergency rules authorized by this | ||||||
22 | subsection (v) is deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. | ||||||
24 | (w) (v) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Public Act 99-796 this | ||||||
26 | amendatory Act of the 99th General Assembly , emergency rules to |
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1 | implement the changes made by Public Act 99-796 this amendatory | ||||||
2 | Act of the 99th General Assembly may be adopted in accordance | ||||||
3 | with this subsection (w) (v) by the Adjutant General. The | ||||||
4 | adoption of emergency rules authorized by this subsection (w) | ||||||
5 | (v) is deemed to be necessary for the public interest, safety, | ||||||
6 | and welfare. | ||||||
7 | (x) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of this amendatory Act of the | ||||||
9 | 100th General Assembly, emergency rules to implement any | ||||||
10 | provision of this amendatory Act of the 100th General Assembly | ||||||
11 | may be adopted in accordance with this subsection (x) by the | ||||||
12 | Department of State Police, the Department of Transportation, | ||||||
13 | the Illinois State Toll Highway Authority, and the Secretary of | ||||||
14 | State. The rulemaking authority granted in this subsection (x) | ||||||
15 | shall apply only to those rules adopted within 180 days after | ||||||
16 | the effective date of this amendatory Act of the 100th General | ||||||
17 | Assembly. The adoption of emergency rules authorized by this | ||||||
18 | subsection (x) is deemed to be necessary for the public | ||||||
19 | interest, safety, and welfare. | ||||||
20 | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | ||||||
21 | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | ||||||
22 | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. | ||||||
23 | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised | ||||||
24 | 9-21-16.) | ||||||
25 | (Text of Section after amendment by P.A. 99-906 ) |
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1 | Sec. 5-45. Emergency rulemaking. | ||||||
2 | (a) "Emergency" means the existence of any situation that | ||||||
3 | any agency
finds reasonably constitutes a threat to the public | ||||||
4 | interest, safety, or
welfare. | ||||||
5 | (b) If any agency finds that an
emergency exists that | ||||||
6 | requires adoption of a rule upon fewer days than
is required by | ||||||
7 | Section 5-40 and states in writing its reasons for that
| ||||||
8 | finding, the agency may adopt an emergency rule without prior | ||||||
9 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
10 | with the Secretary of
State under Section 5-70. The notice | ||||||
11 | shall include the text of the
emergency rule and shall be | ||||||
12 | published in the Illinois Register. Consent
orders or other | ||||||
13 | court orders adopting settlements negotiated by an agency
may | ||||||
14 | be adopted under this Section. Subject to applicable | ||||||
15 | constitutional or
statutory provisions, an emergency rule | ||||||
16 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
17 | at a stated date less than 10 days
thereafter. The agency's | ||||||
18 | finding and a statement of the specific reasons
for the finding | ||||||
19 | shall be filed with the rule. The agency shall take
reasonable | ||||||
20 | and appropriate measures to make emergency rules known to the
| ||||||
21 | persons who may be affected by them. | ||||||
22 | (c) An emergency rule may be effective for a period of not | ||||||
23 | longer than
150 days, but the agency's authority to adopt an | ||||||
24 | identical rule under Section
5-40 is not precluded. No | ||||||
25 | emergency rule may be adopted more
than once in any 24-month | ||||||
26 | period, except that this limitation on the number
of emergency |
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| |||||||
1 | rules that may be adopted in a 24-month period does not apply
| ||||||
2 | to (i) emergency rules that make additions to and deletions | ||||||
3 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
4 | Public Aid Code or the
generic drug formulary under Section | ||||||
5 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
6 | emergency rules adopted by the Pollution Control
Board before | ||||||
7 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
8 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
9 | Department of Public Health under subsections (a) through (i) | ||||||
10 | of Section 2 of the Department of Public Health Act when | ||||||
11 | necessary to protect the public's health, (iv) emergency rules | ||||||
12 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
13 | emergency rules adopted pursuant to subsection (o) of this | ||||||
14 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
15 | (c-5) of this Section. Two or more emergency rules having | ||||||
16 | substantially the same
purpose and effect shall be deemed to be | ||||||
17 | a single rule for purposes of this
Section. | ||||||
18 | (c-5) To facilitate the maintenance of the program of group | ||||||
19 | health benefits provided to annuitants, survivors, and retired | ||||||
20 | employees under the State Employees Group Insurance Act of | ||||||
21 | 1971, rules to alter the contributions to be paid by the State, | ||||||
22 | annuitants, survivors, retired employees, or any combination | ||||||
23 | of those entities, for that program of group health benefits, | ||||||
24 | shall be adopted as emergency rules. The adoption of those | ||||||
25 | rules shall be considered an emergency and necessary for the | ||||||
26 | public interest, safety, and welfare. |
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| |||||||
1 | (d) In order to provide for the expeditious and timely | ||||||
2 | implementation
of the State's fiscal year 1999 budget, | ||||||
3 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
4 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
5 | may be adopted in
accordance with this Section by the agency | ||||||
6 | charged with administering that
provision or initiative, | ||||||
7 | except that the 24-month limitation on the adoption
of | ||||||
8 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
9 | do not apply
to rules adopted under this subsection (d). The | ||||||
10 | adoption of emergency rules
authorized by this subsection (d) | ||||||
11 | shall be deemed to be necessary for the
public interest, | ||||||
12 | safety, and welfare. | ||||||
13 | (e) In order to provide for the expeditious and timely | ||||||
14 | implementation
of the State's fiscal year 2000 budget, | ||||||
15 | emergency rules to implement any
provision of Public Act 91-24
| ||||||
16 | or any other budget initiative for fiscal year 2000 may be | ||||||
17 | adopted in
accordance with this Section by the agency charged | ||||||
18 | with administering that
provision or initiative, except that | ||||||
19 | the 24-month limitation on the adoption
of emergency rules and | ||||||
20 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
21 | rules adopted under this subsection (e). The adoption of | ||||||
22 | emergency rules
authorized by this subsection (e) shall be | ||||||
23 | deemed to be necessary for the
public interest, safety, and | ||||||
24 | welfare. | ||||||
25 | (f) In order to provide for the expeditious and timely | ||||||
26 | implementation
of the State's fiscal year 2001 budget, |
| |||||||
| |||||||
1 | emergency rules to implement any
provision of Public Act 91-712
| ||||||
2 | or any other budget initiative for fiscal year 2001 may be | ||||||
3 | adopted in
accordance with this Section by the agency charged | ||||||
4 | with administering that
provision or initiative, except that | ||||||
5 | the 24-month limitation on the adoption
of emergency rules and | ||||||
6 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
7 | rules adopted under this subsection (f). The adoption of | ||||||
8 | emergency rules
authorized by this subsection (f) shall be | ||||||
9 | deemed to be necessary for the
public interest, safety, and | ||||||
10 | welfare. | ||||||
11 | (g) In order to provide for the expeditious and timely | ||||||
12 | implementation
of the State's fiscal year 2002 budget, | ||||||
13 | emergency rules to implement any
provision of Public Act 92-10
| ||||||
14 | or any other budget initiative for fiscal year 2002 may be | ||||||
15 | adopted in
accordance with this Section by the agency charged | ||||||
16 | with administering that
provision or initiative, except that | ||||||
17 | the 24-month limitation on the adoption
of emergency rules and | ||||||
18 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
19 | rules adopted under this subsection (g). The adoption of | ||||||
20 | emergency rules
authorized by this subsection (g) shall be | ||||||
21 | deemed to be necessary for the
public interest, safety, and | ||||||
22 | welfare. | ||||||
23 | (h) In order to provide for the expeditious and timely | ||||||
24 | implementation
of the State's fiscal year 2003 budget, | ||||||
25 | emergency rules to implement any
provision of Public Act 92-597
| ||||||
26 | or any other budget initiative for fiscal year 2003 may be |
| |||||||
| |||||||
1 | adopted in
accordance with this Section by the agency charged | ||||||
2 | with administering that
provision or initiative, except that | ||||||
3 | the 24-month limitation on the adoption
of emergency rules and | ||||||
4 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
5 | rules adopted under this subsection (h). The adoption of | ||||||
6 | emergency rules
authorized by this subsection (h) shall be | ||||||
7 | deemed to be necessary for the
public interest, safety, and | ||||||
8 | welfare. | ||||||
9 | (i) In order to provide for the expeditious and timely | ||||||
10 | implementation
of the State's fiscal year 2004 budget, | ||||||
11 | emergency rules to implement any
provision of Public Act 93-20
| ||||||
12 | or any other budget initiative for fiscal year 2004 may be | ||||||
13 | adopted in
accordance with this Section by the agency charged | ||||||
14 | with administering that
provision or initiative, except that | ||||||
15 | the 24-month limitation on the adoption
of emergency rules and | ||||||
16 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
17 | rules adopted under this subsection (i). The adoption of | ||||||
18 | emergency rules
authorized by this subsection (i) shall be | ||||||
19 | deemed to be necessary for the
public interest, safety, and | ||||||
20 | welfare. | ||||||
21 | (j) In order to provide for the expeditious and timely | ||||||
22 | implementation of the provisions of the State's fiscal year | ||||||
23 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
24 | Implementation (Human Services) Act, emergency rules to | ||||||
25 | implement any provision of the Fiscal Year 2005 Budget | ||||||
26 | Implementation (Human Services) Act may be adopted in |
| |||||||
| |||||||
1 | accordance with this Section by the agency charged with | ||||||
2 | administering that provision, except that the 24-month | ||||||
3 | limitation on the adoption of emergency rules and the | ||||||
4 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
5 | adopted under this subsection (j). The Department of Public Aid | ||||||
6 | may also adopt rules under this subsection (j) necessary to | ||||||
7 | administer the Illinois Public Aid Code and the Children's | ||||||
8 | Health Insurance Program Act. The adoption of emergency rules | ||||||
9 | authorized by this subsection (j) shall be deemed to be | ||||||
10 | necessary for the public interest, safety, and welfare.
| ||||||
11 | (k) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of the State's fiscal year | ||||||
13 | 2006 budget, emergency rules to implement any provision of | ||||||
14 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
15 | 2006 may be adopted in accordance with this Section by the | ||||||
16 | agency charged with administering that provision or | ||||||
17 | initiative, except that the 24-month limitation on the adoption | ||||||
18 | of emergency rules and the provisions of Sections 5-115 and | ||||||
19 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
20 | The Department of Healthcare and Family Services may also adopt | ||||||
21 | rules under this subsection (k) necessary to administer the | ||||||
22 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
23 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
24 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
25 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
26 | Children's Health Insurance Program Act. The adoption of |
| |||||||
| |||||||
1 | emergency rules authorized by this subsection (k) shall be | ||||||
2 | deemed to be necessary for the public interest, safety, and | ||||||
3 | welfare.
| ||||||
4 | (l) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the
State's fiscal year | ||||||
6 | 2007 budget, the Department of Healthcare and Family Services | ||||||
7 | may adopt emergency rules during fiscal year 2007, including | ||||||
8 | rules effective July 1, 2007, in
accordance with this | ||||||
9 | subsection to the extent necessary to administer the | ||||||
10 | Department's responsibilities with respect to amendments to | ||||||
11 | the State plans and Illinois waivers approved by the federal | ||||||
12 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
13 | requirements of Title XIX and Title XXI of the federal Social | ||||||
14 | Security Act. The adoption of emergency rules
authorized by | ||||||
15 | this subsection (l) shall be deemed to be necessary for the | ||||||
16 | public interest,
safety, and welfare.
| ||||||
17 | (m) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of the
State's fiscal year | ||||||
19 | 2008 budget, the Department of Healthcare and Family Services | ||||||
20 | may adopt emergency rules during fiscal year 2008, including | ||||||
21 | rules effective July 1, 2008, in
accordance with this | ||||||
22 | subsection to the extent necessary to administer the | ||||||
23 | Department's responsibilities with respect to amendments to | ||||||
24 | the State plans and Illinois waivers approved by the federal | ||||||
25 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
26 | requirements of Title XIX and Title XXI of the federal Social |
| |||||||
| |||||||
1 | Security Act. The adoption of emergency rules
authorized by | ||||||
2 | this subsection (m) shall be deemed to be necessary for the | ||||||
3 | public interest,
safety, and welfare.
| ||||||
4 | (n) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the State's fiscal year | ||||||
6 | 2010 budget, emergency rules to implement any provision of | ||||||
7 | Public Act 96-45 or any other budget initiative authorized by | ||||||
8 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
9 | in accordance with this Section by the agency charged with | ||||||
10 | administering that provision or initiative. The adoption of | ||||||
11 | emergency rules authorized by this subsection (n) shall be | ||||||
12 | deemed to be necessary for the public interest, safety, and | ||||||
13 | welfare. The rulemaking authority granted in this subsection | ||||||
14 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
15 | 2010. | ||||||
16 | (o) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of the State's fiscal year | ||||||
18 | 2011 budget, emergency rules to implement any provision of | ||||||
19 | Public Act 96-958 or any other budget initiative authorized by | ||||||
20 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
21 | in accordance with this Section by the agency charged with | ||||||
22 | administering that provision or initiative. The adoption of | ||||||
23 | emergency rules authorized by this subsection (o) is deemed to | ||||||
24 | be necessary for the public interest, safety, and welfare. The | ||||||
25 | rulemaking authority granted in this subsection (o) applies | ||||||
26 | only to rules promulgated on or after July 1, 2010 (the |
| |||||||
| |||||||
1 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
2 | (p) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of Public Act 97-689, | ||||||
4 | emergency rules to implement any provision of Public Act 97-689 | ||||||
5 | may be adopted in accordance with this subsection (p) by the | ||||||
6 | agency charged with administering that provision or | ||||||
7 | initiative. The 150-day limitation of the effective period of | ||||||
8 | emergency rules does not apply to rules adopted under this | ||||||
9 | subsection (p), and the effective period may continue through | ||||||
10 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
11 | emergency rules does not apply to rules adopted under this | ||||||
12 | subsection (p). The adoption of emergency rules authorized by | ||||||
13 | this subsection (p) is deemed to be necessary for the public | ||||||
14 | interest, safety, and welfare. | ||||||
15 | (q) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
17 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
18 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
19 | may be adopted in accordance with this subsection (q) by the | ||||||
20 | agency charged with administering that provision or | ||||||
21 | initiative. The 24-month limitation on the adoption of | ||||||
22 | emergency rules does not apply to rules adopted under this | ||||||
23 | subsection (q). The adoption of emergency rules authorized by | ||||||
24 | this subsection (q) is deemed to be necessary for the public | ||||||
25 | interest, safety, and welfare. | ||||||
26 | (r) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of Public Act 98-651, | ||||||
2 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
3 | in accordance with this subsection (r) by the Department of | ||||||
4 | Healthcare and Family Services. The 24-month limitation on the | ||||||
5 | adoption of emergency rules does not apply to rules adopted | ||||||
6 | under this subsection (r). The adoption of emergency rules | ||||||
7 | authorized by this subsection (r) is deemed to be necessary for | ||||||
8 | the public interest, safety, and welfare. | ||||||
9 | (s) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
11 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
12 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
13 | Public Aid Code may be adopted in accordance with this | ||||||
14 | subsection (s) by the Department of Healthcare and Family | ||||||
15 | Services. The rulemaking authority granted in this subsection | ||||||
16 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
17 | 2015. Notwithstanding any other provision of this Section, any | ||||||
18 | emergency rule adopted under this subsection (s) shall only | ||||||
19 | apply to payments made for State fiscal year 2015. The adoption | ||||||
20 | of emergency rules authorized by this subsection (s) is deemed | ||||||
21 | to be necessary for the public interest, safety, and welfare. | ||||||
22 | (t) In order to provide for the expeditious and timely | ||||||
23 | implementation of the provisions of Article II of Public Act | ||||||
24 | 99-6, emergency rules to implement the changes made by Article | ||||||
25 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
26 | be adopted in accordance with this subsection (t) by the |
| |||||||
| |||||||
1 | Department of State Police. The rulemaking authority granted in | ||||||
2 | this subsection (t) shall apply only to those rules adopted | ||||||
3 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
4 | of emergency rules does not apply to rules adopted under this | ||||||
5 | subsection (t). The adoption of emergency rules authorized by | ||||||
6 | this subsection (t) is deemed to be necessary for the public | ||||||
7 | interest, safety, and welfare. | ||||||
8 | (u) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of the Burn Victims Relief | ||||||
10 | Act, emergency rules to implement any provision of the Act may | ||||||
11 | be adopted in accordance with this subsection (u) by the | ||||||
12 | Department of Insurance. The rulemaking authority granted in | ||||||
13 | this subsection (u) shall apply only to those rules adopted | ||||||
14 | prior to December 31, 2015. The adoption of emergency rules | ||||||
15 | authorized by this subsection (u) is deemed to be necessary for | ||||||
16 | the public interest, safety, and welfare. | ||||||
17 | (v) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of Public Act 99-516, | ||||||
19 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
20 | in accordance with this subsection (v) by the Department of | ||||||
21 | Healthcare and Family Services. The 24-month limitation on the | ||||||
22 | adoption of emergency rules does not apply to rules adopted | ||||||
23 | under this subsection (v). The adoption of emergency rules | ||||||
24 | authorized by this subsection (v) is deemed to be necessary for | ||||||
25 | the public interest, safety, and welfare. | ||||||
26 | (w) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of Public Act 99-796, | ||||||
2 | emergency rules to implement the changes made by Public Act | ||||||
3 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
4 | the Adjutant General. The adoption of emergency rules | ||||||
5 | authorized by this subsection (w) is deemed to be necessary for | ||||||
6 | the public interest, safety, and welfare. | ||||||
7 | (x) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of Public Act 99-906 this | ||||||
9 | amendatory Act of the 99th General Assembly , emergency rules to | ||||||
10 | implement subsection (i) of Section 16-115D, subsection (g) of | ||||||
11 | Section 16-128A, and subsection (a) of Section 16-128B of the | ||||||
12 | Public Utilities Act may be adopted in accordance with this | ||||||
13 | subsection (x) by the Illinois Commerce Commission. The | ||||||
14 | rulemaking authority granted in this subsection (x) shall apply | ||||||
15 | only to those rules adopted within 180 days after June 1, 2017 | ||||||
16 | ( the effective date of Public Act 99-906) this amendatory Act | ||||||
17 | of the 99th General Assembly . The adoption of emergency rules | ||||||
18 | authorized by this subsection (x) is deemed to be necessary for | ||||||
19 | the public interest, safety, and welfare. | ||||||
20 | (y) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of this amendatory Act of the | ||||||
22 | 100th General Assembly, emergency rules to implement any | ||||||
23 | provision of this amendatory Act of the 100th General Assembly | ||||||
24 | may be adopted in accordance with this subsection (y) by the | ||||||
25 | Department of State Police, the Department of Transportation, | ||||||
26 | the Illinois State Toll Highway Authority, and the Secretary of |
| |||||||
| |||||||
1 | State. The rulemaking authority granted in this subsection (y) | ||||||
2 | shall apply only to those rules adopted within 180 days after | ||||||
3 | the effective date of this amendatory Act of the 100th General | ||||||
4 | Assembly. The adoption of emergency rules authorized by this | ||||||
5 | subsection (y) is deemed to be necessary for the public | ||||||
6 | interest, safety, and welfare. | ||||||
7 | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | ||||||
8 | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | ||||||
9 | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. | ||||||
10 | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, | ||||||
11 | eff. 6-1-17; revised 1-1-17.)"; and
| ||||||
12 | on page 1, line 5, by replacing "Section" with "Sections 7.2 | ||||||
13 | and"; and | ||||||
14 | on page 1, immediately below line 5, by inserting the | ||||||
15 | following: | ||||||
16 | "(20 ILCS 2610/7.2) | ||||||
17 | Sec. 7.2. State Police Merit Board Public Safety Fund. | ||||||
18 | (a) A special fund in the State treasury is hereby created | ||||||
19 | which shall be known as the State Police Merit Board Public | ||||||
20 | Safety Fund. The Fund shall be used by the State Police Merit | ||||||
21 | Board to provide a cadet program for State Police personnel and | ||||||
22 | to meet all costs associated with the functions of the State | ||||||
23 | Police Merit Board. Notwithstanding any other law to the |
| |||||||
| |||||||
1 | contrary, the State Police Merit Board Public Safety Fund is | ||||||
2 | not subject to sweeps, administrative charge-backs, or any | ||||||
3 | other fiscal or budgetary maneuver that would in any way | ||||||
4 | transfer any amounts from the State Police Merit Board Public | ||||||
5 | Safety Fund into any other fund of the State. | ||||||
6 | (b) The Fund may receive State appropriations, gifts, | ||||||
7 | grants, and federal funds and shall include earnings from the | ||||||
8 | investment of moneys in the Fund. | ||||||
9 | (c) The administration of this Fund shall be the | ||||||
10 | responsibility of the State Police Merit Board. The Board shall | ||||||
11 | establish terms and conditions for the operation of the Fund. | ||||||
12 | The Board shall establish and implement fiscal controls and | ||||||
13 | accounting periods for programs operated using the Fund. All | ||||||
14 | fees or moneys received by the State Treasurer under subsection | ||||||
15 | (n) of Section 27.6 of the Clerks of Courts Act shall be | ||||||
16 | deposited into the Fund. The moneys deposited in the State | ||||||
17 | Police Merit Board Public Safety Fund shall be appropriated to | ||||||
18 | the State Police Merit Board for expenses of the Board for the | ||||||
19 | administration and conduct of all its programs for State Police | ||||||
20 | personnel. Three percent of the moneys deposited into the Fund | ||||||
21 | under subsection (d-5) of Section 20 of the Automated Traffic | ||||||
22 | Control Systems in Highway Construction or Maintenance Zones | ||||||
23 | Act shall be used for advertising or other methods to attract | ||||||
24 | diverse State Police cadet candidates so that the headcount | ||||||
25 | goal of State Police officers under Section 7.5 of this Act | ||||||
26 | continues to adequately represent the population of women, |
| |||||||
| |||||||
1 | minorities, and military veterans in this State.
| ||||||
2 | (Source: P.A. 97-1051, eff. 1-1-13.)"; and | ||||||
3 | on page 25, immediately below line 24, by inserting the | ||||||
4 | following: | ||||||
5 | "Section 95. No acceleration or delay. Where this Act makes | ||||||
6 | changes in a statute that is represented in this Act by text | ||||||
7 | that is not yet or no longer in effect (for example, a Section | ||||||
8 | represented by multiple versions), the use of that text does | ||||||
9 | not accelerate or delay the taking effect of (i) the changes | ||||||
10 | made by this Act or (ii) provisions derived from any other | ||||||
11 | Public Act.".
|