Bill
HB 2667
Illinois requires 14-day public notice and comments before filing internal-management rules under IAPA, boosting transparency; SOS can refuse noncompliant certified copies.
Status and timing
- Public Act: 104‑0242
- Sponsor (House): Rep. Ryan Spain (primary); several cosponsors. Senate chief sponsor: Sen. Bill Cunningham.
- Approved by Governor: May 12, 2025.
- Effective date: January 1, 2026.
Purpose
- To change how state agencies adopt, amend, and file certain agency rules that concern only internal management (i.e., rules that do not affect private rights or procedures available to the public) under the Illinois Administrative Procedure Act (IAPA). The act adds minimum public notice and comment requirements and formal filing controls for those internal-management rules.
Key provisions
- Required rule content (Section 5‑15(a)): Agencies must maintain, as rules, standard materials such as organization charts, public procedures to obtain information or submit requests, tables/indices aiding use of the agency rule collection, descriptions/flow charts of rulemaking procedures, and any rules adopted under this section (cross‑referencing Sections 5‑75 and 10‑20).
- Internal‑management rules (Section 5‑15(b)): Rules that concern only internal agency management and do not affect private rights or external procedures may continue to be adopted, amended, or repealed under the streamlined filing process provided in Section 5‑15 (the certified‑copy filing procedure) in lieu of the full IAPA rulemaking process.
- New public notice and comment (Section 5‑15(c)): Before filing a certified copy with the Secretary of State under the internal‑management procedure, an agency must:
- Publish notice in the Illinois Register and allow at least 14 days for public notice (the period begins when the notice first appears);
- Include specified information in the notice (items from Section 5‑40(b), a statement explaining how the proposed rule meets the internal‑management criteria, instructions for submitting comments, and any additional information Secretary of State rules require);
- Accept and consider comments during the 14‑day period, including written submissions by email or other public electronic means via the agency website; oral submissions are permitted at the agency’s discretion;
- When adopting the rule, describe any modifications from the initial proposal; the agency may set an immediate effective date when filing.
- Filing compliance: The Secretary of State is authorized to refuse to file a certified copy that does not comply with the new notice/comment requirements.
Who is affected
- State agencies that rely on the IAPA internal‑management filing procedure will need to provide short public notice and accept comments before filing such rules.
- Members of the public, regulated entities, and stakeholders gain a minimum 14‑day notice period and the ability to submit comments (including electronically) on internal‑management rules.
Practical impact and considerations
- Transparency: The act increases public transparency and participation for a category of agency rules that previously could be changed by filing without a mandated public notice period.
- Administrative effect: Agencies will need to add a 14‑day notice/comment step before filing internal‑management rule changes; however, agencies may still make such rules effective immediately upon filing and may modify proposals in response to comments.
- Enforcement: The Secretary of State can refuse filings that fail to meet the new procedural requirements, creating a formal compliance control.
Related provisions
- The change interacts with other IAPA sections cited in the text (notably Sections 5‑75 and 10‑20) governing incorporation by reference and rulemaking procedures.
Compiled from official sources — confirm details with the bill’s official record.
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