SB1768 104TH GENERAL ASSEMBLY

LRB104 11328 BDA 21415 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1768

Introduced 2/5/2025, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-15	from Ch. 127, par. 1005-15
5 ILCS 100/5-75	from Ch. 127, par. 1005-75

Amends the Illinois Administrative Procedure Act. Deletes a provision that authorized certain rules to be adopted, amended, or repealed by filing a certified copy with the Secretary of State. Deletes a corresponding cross-reference in a provision concerning the incorporation by reference of certain materials in rules adopted by a State agency.

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 Sections 5-15 and 5-75 as follows:

(5 ILCS 100/5-15) (from Ch. 127, par. 1005-15)

Sec. 5-15. Required rules.

(a) Each agency shall maintain as rules the following:

(1) A current description of the agency's organization with necessary charts depicting that organization.

(2) The current procedures by which the public can obtain information or make submissions or requests on subjects, programs, and activities of the agency. Requests for copies of agency rules shall not be deemed Freedom of Information Act requests unless so labeled by the requestor.

(3) Tables of contents, indices, reference tables, and other materials to aid users in finding and using the agency's collection of rules currently in force.

(4) A current description of the agency's rulemaking procedures with necessary flow charts depicting those procedures.

(5) Any rules adopted under this Section in accordance with Sections 5-75 and 10-20 of this Act.

(b) The rules required to be filed by this Section may be adopted, amended, or repealed and filed as provided in this Section 5-35 instead of any other provisions or requirements of this Act.

The rules required by this Section may be adopted, amended, or repealed by filing a certified copy with the Secretary of State under subsections (a) and (b) of Section 5-65 and may become effective immediately.

(Source: P.A. 90-155, eff. 7-23-97.)

(5 ILCS 100/5-75) (from Ch. 127, par. 1005-75)

Sec. 5-75. Incorporation by reference.

(a) An agency may incorporate by reference, in its rules adopted under Section 5-35, rules, regulations, standards, and guidelines of an agency of the United States or a nationally or state recognized organization or association without publishing the incorporated material in full. The reference in the agency rules must fully identify the incorporated matter by publisher address and date in order to specify how a copy of the material may be obtained and must state that the rule, regulation, standard, or guideline does not include any later amendments or editions. An agency may incorporate by reference these matters in its rules only if the agency, organization, or association originally issuing the matter makes copies readily available to the public. This Section does not apply to any agency internal manual.

For any law imposing taxes on or measured by income, the Department of Revenue may promulgate rules that include incorporations by reference of federal rules or regulations without identifying the incorporated matter by date and without including a statement that the incorporation does not include later amendments.

(b) Use of the incorporation by reference procedure under this Section shall be reviewed by the Joint Committee on Administrative Rules during the rulemaking process as set forth in this Act.

(c) The agency adopting a rule, regulation, standard, or guideline under this Section shall maintain a copy of the referenced rule, regulation, standard, or guideline in at least one of its principal offices and shall make it available to the public upon request for inspection and copying at no more than cost. Requests for copies of materials incorporated by reference shall not be deemed Freedom of Information Act requests unless so labeled by the requestor. The agency shall designate by rule the agency location at which incorporated materials are maintained and made available to the public for inspection and copying. The These rules may be adopted under the procedures in Section 5-15. In addition, the agency may include the designation of the agency location of incorporated materials in a rulemaking under Section 5-35, but emergency and peremptory rulemaking procedures may not be used solely for this purpose.

(Source: P.A. 90-155, eff. 7-23-97.)