[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ House Amendment 001 ] |
91_HB4320
LRB9113050EGfg
1 AN ACT in relation to administrative rules.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Required Rule Filing Act.
6 Section 5. Definitions. For the purposes of this Act:
7 "Index Department" means the Index Department of the
8 Office of the Illinois Secretary of State.
9 "Joint Committee" or "JCAR" means the Joint Committee on
10 Administrative Rules.
11 "Required rule" means an administrative rule that the
12 Attorney General has determined to be necessary for the
13 implementation of a new Public Act.
14 "State agency" means any department, office, board,
15 commission, or other State agency of the executive branch of
16 State government.
17 Section 10. Identification of required rules by the
18 Attorney General.
19 (a) The Attorney General shall review all pending and
20 newly enacted legislation to determine whether implementation
21 of that legislation will require a State agency to adopt
22 administrative rules.
23 (b) If the Attorney General determines that
24 implementation of a new Public Act will require a State
25 agency to adopt administrative rules, the Attorney General
26 shall notify the Joint Committee, the Index Department, and
27 the affected State agency of that determination no later than
28 5 business days after the effective date of the new Public
29 Act.
30 (c) The notification required under subsection (b) shall
-2- LRB9113050EGfg
1 include a brief statement of the reasons for the Attorney
2 General's determination and a general indication of the
3 subjects that must be addressed in the rules if the Public
4 Act is to be effectively implemented.
5 (d) The Attorney General's determination under this
6 Section is within the Attorney General's sole discretion. It
7 is not reviewable except through such internal review
8 procedures as the Attorney General may choose to adopt.
9 Section 15. Filing of required rules by State agencies.
10 (a) Within 10 business days after receiving notification
11 of the Attorney General's determination that the adoption of
12 rules by the agency will be required for the implementation
13 of a new Public Act, the State agency shall file its proposed
14 rules with the Secretary of State in accordance with the
15 Illinois Administrative Procedure Act. At the same time the
16 State agency shall file a copy of the proposed rules with the
17 Joint Committee.
18 (b) If the Joint Committee determines that the proposed
19 rules fail to address one or more of the subjects that the
20 Attorney General has determined must be addressed if the
21 Public Act is to be effectively implemented, it shall so
22 notify the State agency, giving its detailed reasons for this
23 determination.
24 (c) Within 5 business days after receiving notification
25 of the Joint Committee's determination that the proposed
26 rules fail to address a required subject, the State agency
27 shall correct its proposed rules and refile them with the
28 Secretary of State and the Joint Committee.
29 (d) The Joint Committee's determination under subsection
30 (b) is within its sole discretion. It is not reviewable
31 except through such internal review procedures as the Joint
32 Committee may choose to adopt.
-3- LRB9113050EGfg
1 Section 20. Penalty for late filing of required rules.
2 (a) Failure to file or refile required rules within the
3 time allowed under Section 15 shall result in the loss of 1%
4 of the State agency's annual appropriation for each business
5 day that the required filing or refiling is late.
6 (b) Whenever a State agency fails to file or refile
7 required rules within the time allowed under Section 15, the
8 Joint Committee shall so notify the State agency, the Index
9 Department, and the State Comptroller. The notice shall
10 identify the State agency, the required rule, and the number
11 of business days by which the filing or refiling is late. If
12 the failure to file or refile is continuing, the Joint
13 Committee shall renew its notice at least once every 5
14 business days.
15 (c) Upon being notified by the Joint Committee that a
16 State agency has failed to file or refile required rules
17 within the time allowed under Section 15, the State
18 Comptroller shall reduce the amount available for expenditure
19 under every item of appropriation to that State agency for
20 the fiscal year in which the filing or refiling was required
21 by 1% for each day that the required filing or refiling is
22 late.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.