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HB 5130

ILAPA-JCAR-UNRESPONSIVENESS

104th Regular Session Introduced by Cristina Castro and 8 co-sponsors

The bill strengthens and speeds Illinois rulemaking by expanding notice, public input, and agency accountability, especially during the second notice period with requirements for t

Sent to the Governor
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Bill Summary · HB 5130

Overview

HB5130, part of the Illinois 104th General Assembly, proposes changes to the Illinois Administrative Procedure Act (specifically Section 5-40) to modify the rulemaking process for state agencies. The bill addresses notice, public participation, transparency, and interaction with the Joint Committee on Administrative Rules (JCAR), with an emphasis on preventing delays and increasing agency accountability during second-stage rule review.

Purpose and Intent

  • Streamline and strengthen the public rulemaking process.
  • Enhance opportunities for public input and ensure timely agency responses to input.
  • Introduce mechanisms to address perceived unresponsiveness by JCAR during the second notice period, potentially accelerating finalization of rules.

Key Provisions and Changes

  • Notice and Information in First Notice (Section 5-40(b)):

    • Agencies must give at least 45 days’ public notice of proposed action.
    • First notice must include:
    • Text of the proposed rule or amendment, old vs. new text, or repeal text.
    • Specific statutory citation authorizing the action.
    • A full description of subjects and issues.
    • Descriptive title/study details used in developing the rule, author, and how to obtain copies of any study (including underlying data if not FOIA-exempt).
    • Initial regulatory flexibility analysis describing small business impact, compliance procedures, and required professional skills.
    • How interested parties can present views (desc. methods, including email/website submissions). Agency may accept oral submissions at its discretion.
    • Agencies must hold a public hearing if:
    • A hearing would facilitate additional views, or
    • There is a request within 14 days after notice from 25 interested persons, a 100-person association, the Governor, JCAR, or a local government unit.
    • Public hearings must be open, recorded, and have at least one qualified agency representative present.

  • Second Notice Period and JCAR Interaction (Section 5-40(c)):

    • A second notice period of 45 days runs after the first notice, with possible extensions (up to 45 more days) if:
    • JCAR objects or declines to object,
    • OR JCAR issues a statement of unresponsiveness (i.e., the agency failed to respond substantively to JCAR suggestions).
    • A statement of unresponsiveness extends the second notice period; if no substantive response is provided within 7 days of that statement, the rulemaking is considered withdrawn.
    • Written notice to JCAR must include: text of changes, final regulatory flexibility analysis, economic/budget analysis if requested, and a certification that the agency will substantively engage with JCAR on second-period suggestions.
    • After the second notice period, with no objection or after agency responses, the agency files the rule under Section 5-65 and publishes in the Illinois Register. The rule becomes effective upon filing unless otherwise stated.

  • Post-Second Notice Procedures (Section 5-40(d) and (e)):

    • Final rule filing, publication, and effective date rules remain, with an emphasis that no rule can be filed more than one year after the first notice period begins (subject to certain exclusions).

Who/What Is Affected

  • State agencies conducting rulemaking under the Illinois Administrative Procedure Act.
  • The Joint Committee on Administrative Rules (JCAR), which reviews and can object or request information during the rulemaking process.
  • Small businesses and other stakeholders who participate in the first notice period, given the enhanced regulatory flexibility analysis and required notices.

Procedural and Timeline Highlights

  • Mandatory 45-day first notice period with detailed disclosure requirements.
  • Optional but invoked second notice period, 45 days, with possible extensions up to 45 days.
  • Substantive agency responses to JCAR suggestions during the second period are required; lack of response can trigger withdrawal.
  • Final rule filing and publication follow after JCAR’s status (objection, no objection, or responsiveness) is resolved.
  • Overall rulemaking must be completed within one year from the start of the first notice period.

Administrative Sponsors

  • Chief Senate Sponsor: Sen. Bill Cunningham
  • House/co-sponsors include Rep. Eva-Dina Delgado, Rep. Jackie Haas, Rep. Dave Vella, Rep. Ryan Spain, and Rep. Curtis Tarver.

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

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