Public Act 104-0242
 
HB2667 EnrolledLRB104 11325 BDA 21412 b

    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 5-15 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) (Blank). 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 that 
contain statements concerning only the internal management of 
an agency and not affecting private rights or procedures 
available to persons or entities outside the agency may be 
adopted, amended, or repealed and filed as provided in this 
Section 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amended, or repealed by filing a certified copy with the 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.
    (c) Before filing a certified copy with the Secretary of 
State as described in subsection (b) of this Section, an 
agency shall give at least 14 days' notice of its intended 
action to the general public. The notice period shall commence 
on the first day the notice appears in the Illinois Register. 
The notice shall include the information in paragraphs (1), 
(2), (3), and (5) of subsection (b) of Section 5-40, a 
statement of how the proposed rule made under this Section 
satisfies the criteria established by subsections (a) and (b), 
how to submit comments, and any other information that the 
Secretary of State may, by rule, require in the interest of 
informing the public.
    During the notice period, the agency shall accept comments 
from any interested persons. The agency shall accept 
submissions in writing, including submissions by email or by 
other publicly accessible electronic means through its 
website. At the discretion of the agency, submissions may be 
submitted orally. The agency shall consider all submissions 
received.
    After the notice period, the agency may make modifications 
to the proposed rule in response to any comment received and 
file a certified copy with the Secretary of State under 
subsections (a) and (b) of Section 5-65. The notice of 
adoption of required rules shall also include a description of 
any modifications from the initially published proposal and 
may include an immediate effective date.
    The Secretary of State shall refuse the filing of a 
certified copy that does not comply with this subsection. 
(Source: P.A. 90-155, eff. 7-23-97.)