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SB 1768

IAPA-ADOPTION BY FILING

104th Regular Session Introduced by Bill Cunningham

The bill eliminates a shortcut for adopting certain required internal rules by filing with the Secretary of State, mandating standard IAPA rulemaking instead.

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Bill Summary · SB 1768

Summary — SB 1768 (IAPA: Adoption by Filing)

Status: Enacted (Chapter No. 2025‑185); approved by Governor June 25, 2025
Introduced: Feb. 5, 2025 (Illinois) — Amends: Illinois Administrative Procedure Act (5 ILCS 100/5‑15 and 5‑75)

Purpose / Intent

SB 1768 revises two provisions of the Illinois Administrative Procedure Act (IAPA) to eliminate a short-form adoption pathway that allowed agencies to adopt certain “required” internal rules by filing a certified copy with the Secretary of State. The bill also removes a related cross‑reference in the statute governing incorporation by reference of external standards in administrative rules.

Key provisions

  • Amends Section 5‑15 (Required rules):

    • Deletes the statutory option that permitted agencies to adopt, amend, or repeal certain required rules simply by filing a certified copy with the Secretary of State (under subsections (a) and (b) of Section 5‑65) and make them immediately effective.
    • Reinforces that rules required under 5‑15 should follow the general rulemaking procedures of the IAPA (i.e., the formal rulemaking framework under Section 5‑35), rather than the filing shortcut.

  • Amends Section 5‑75 (Incorporation by reference):

    • Removes the corresponding cross‑reference that tied the incorporation‑by‑reference procedure to the filing-based adoption authority that was deleted in Section 5‑15.
    • Retains existing duties for agencies to make incorporated materials available for public inspection and copying, and the Joint Committee on Administrative Rules’ review role.

Who is affected

  • State agencies: Agencies that maintain “required” internal rules (organizational descriptions, user procedures, flow charts, tables of contents, etc.) must now rely on standard IAPA rulemaking procedures rather than a simplified filing method.
  • Regulated parties and the public: May see greater procedural formality and potentially improved transparency around how such internal rules are adopted and where incorporated materials are made available.
  • Joint Committee on Administrative Rules (JCAR): Continues its oversight role in reviewing incorporation by reference; may see adjustment in review timing or workload.

Procedural / timeline notes

  • Legislative history: Introduced Feb. 5, 2025; passed both chambers (with amendments), enrolled, presented to the Governor, and signed into law June 25, 2025 (Chapter No. 2025‑185).
  • Implementation: Changes take effect as provided in the enrolled act (law effective date per chapter law; agencies should update rulemaking practices and public access procedures accordingly).

Potential impact

  • Transparency: Likely increases transparency by ensuring required agency rules go through the formal rulemaking process and are publicly noticed rather than adopted solely by filing.
  • Administrative burden and timing: May slow the adoption or amendment of some internal rules (no immediate “by‑filing” effective option), requiring agencies to use standard notice, comment, and filing processes under the IAPA.
  • Legal clarity: Removes an expedited procedural path whose continued use could create confusion about applicability of public notice and oversight requirements.

Compiled from official sources — confirm details with the bill’s official record.

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