Bill > SB3438

This bill amends the Illinois Administrative Procedure Act to provide for an extension of the second notice period for rulemaking, which is the period during which an agency formally submits proposed rules to the Joint Committee on Administrative Rules (JCAR) for review. Specifically, if JCAR issues a "statement of unresponsiveness" – meaning the agency failed to provide a satisfactory response to JCAR's suggestions within seven days – the second notice period can be extended by up to an additional 45 days. A "substantive response" is defined as one that addresses the propriety, legal adequacy, statutory authority, economic or budgetary effects, or public policy implications of the proposed rule. If the agency fails to provide such a response within seven days of receiving the statement of unresponsiveness, the rulemaking process is considered withdrawn. Additionally, agencies must now certify that no internal procedures, policies, or schedules will prevent them from engaging substantively with JCAR's suggestions during this second notice period. This change aims to ensure agencies are responsive to legislative oversight during the rulemaking process.

Government Affairs

https://www.ilga.gov/Legislation/BillStatus?DocNum=3438&GAID=18&DocTypeID=SB&SessionID=114&GA=104