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IL HB5130

IL HB5130
ILAPA-JCAR-UNRESPONSIVENESS


summary

Introduced
02/05/2026
In Committee
02/10/2026
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Illinois Administrative Procedure Act. In provisions regarding the second notice period for rulemaking, provides that the second notice period shall be extended for a period not to exceed an additional 45 days if the agency has received a statement of unresponsiveness from the Joint Committee on Administrative Rules. Lists the requirements for a statement of unresponsiveness. Provides that failure to provide a substantive response within 7 days after a statement of unresponsiveness is issued shall constitute a withdrawal of the rulemaking. In provisions regarding the contents of the written notice to the Joint Committee, requires a statement certifying that no procedure, policy, schedule, or other feature of the agency will prevent the agency from substantively engaging with the Joint Committee regarding suggestions made during the second notice period.

AI Summary

This bill amends the Illinois Administrative Procedure Act to provide a mechanism for extending the second notice period for rulemaking when an agency is unresponsive to suggestions from the Joint Committee on Administrative Rules (JCAR). Specifically, if JCAR issues a "statement of unresponsiveness," meaning the agency failed to provide a substantive response within seven days to JCAR's suggestions regarding the propriety, legal adequacy, statutory authority, economic or budgetary effects, or public policy of the proposed rule, the second notice period will automatically be extended by up to an additional 45 days. If the agency still fails to provide a substantive response within seven days of receiving this statement of unresponsiveness, the rulemaking process will be considered withdrawn. Additionally, agencies must now certify in their written notice to JCAR that no internal procedures, policies, schedules, or other factors will prevent them from substantively engaging with JCAR's suggestions during this second notice period.

Sponsors (1)

Last Action

Referred to Rules Committee (on 02/10/2026)

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