HB1650 104TH GENERAL ASSEMBLY

LRB104 07185 BDA 17222 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1650

Introduced 1/28/2025, by Rep. Jed Davis

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-55	from Ch. 127, par. 1005-55
5 ILCS 100/5-132 new

Amends the Illinois Administrative Procedure Act. Provides that, unless a rule provides for its automatic repeal on an earlier date, a rule is automatically repealed on the date that is 10 years after it first becomes effective. Provides that notice of the repeal shall be published in the Illinois Register not less than 30 nor more than 60 days before the effective date of the automatic repeal. Provides that, for each rule that first became effective more than 5 years before the effective date of the amendatory Act, the date the rule first became effective shall be deemed to be the date that is 5 years before the effective date of the amendatory Act. Provides that the Joint Committee on Administrative Rules, in consultation with the Auditor General, within 12 months after the effective date of the amendatory Act, shall submit a report to the Governor and the General Assembly, with quarterly reports thereafter. Prohibits a State agency from adopting any rule that was automatically repealed after 10 years unless authorized by the subsequent passage of a bill and enactment of a law under the Constitution of the State of Illinois. Provides that the Joint Committee shall implement and supervise the automatic repeal of rules.

A BILL FOR

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 Section 5-55 and by adding Section 5-132 as follows:

(5 ILCS 100/5-55) (from Ch. 127, par. 1005-55)

Sec. 5-55. Automatic repeal of rules.

(a) A rule may provide for its automatic repeal on a date specified in the rule. The repeal shall be effective on the date specified, provided that notice of the repeal is published in the Illinois Register not less than 30 nor more than 60 days before the effective date of the repeal. This Section does not apply to any rules filed under Section 5-45.

(b) Notwithstanding any provision of law to the contrary, unless a rule provides for its automatic repeal on an earlier date as specified under subsection (a), a rule is automatically repealed on the date that is 10 years after it first becomes effective, except as provided under Section 5-132. Notice of the repeal shall be published in the Illinois Register not less than 30 nor more than 60 days before the effective date of the automatic repeal under this subsection. For the purposes of this subsection, for each rule subject to this subsection that first became effective more than 5 years before the effective date of this amendatory Act of the 104th General Assembly, the date the rule first became effective shall be the date that is 5 years before the effective date of this amendatory Act of the 104th General Assembly.

(Source: P.A. 87-823.)

(5 ILCS 100/5-132 new)

Sec. 5-132. Sunset supervision.

(a) The Joint Committee on Administrative Rules, in consultation with the Auditor General, shall submit, within 12 months after the effective date of this amendatory Act of the 104th General Assembly, a report to the Governor and the General Assembly that determines under subsection (b) of Section 55 the effective date and automatic repeal date of every rule contained within the Illinois Administrative Code.

(b) The General Assembly and the Governor may provide for the readoption of any rule subject to automatic repeal under subsection (b) of Section 5-55 by the passage of a bill and enactment of a law under Sections 8 and 9 of Article IV of the Constitution of the State of Illinois. No State agency may adopt a rule that was repealed under subsection (b) of Section 5-55 unless authorized by the subsequent passage of a bill and enactment of a law under Sections 8 and 9 of Article IV of the Constitution of the State of Illinois.

(c) The Joint Committee shall implement and supervise the automatic repeal of rules under Section 5-55 and this Section. Beginning 12 months after the effective date of this amendatory Act of the 104th General Assembly, the Joint Committee shall report quarterly to the Governor and the General Assembly regarding the implementation of this amendatory Act of the 104th General Assembly.