5 ILCS 100/5-115
2021 Illinois Compiled Statutes|Chapter 5 - GENERAL PROVISIONS|5 ILCS 100/ - Illinois Administrative Procedure Act.|Article 5 - Rulemaking Provisions

 (from Ch. 127, par. 1005-115)Sec. 5-115. Other action by the Joint Committee.(a) If the Joint Committee determines that the adoption and effectiveness  of a proposed rule, amendment, or repealer or portion of a proposed rule,  amendment, or repealer by an agency would be objectionable under any of the  standards for the Joint Committee's review specified in Section 5-100,  5-105, 5-110, 5-120, or 5-130 and would constitute a serious threat  to the public interest, safety, or welfare, the Joint Committee may  issue a statement to that effect at any time before the proposed rule,  amendment, or repealer takes effect.  The statement may be issued by the  Joint Committee  only upon the affirmative vote of three-fifths of the  members appointed to the Joint Committee.  The Joint Committee, however, may withdraw a statement within 180 days after it is issued upon the affirmative vote of a majority of the members appointed to the Joint Committee. A certified copy of each    statement and withdrawal shall be transmitted to the proposing agency and to the Secretary  of State for publication in the next available issue of the Illinois Register.(b) The proposed rule, amendment, or repealer or the portion of the proposed  rule, amendment, or repealer to which the Joint Committee has issued a  statement under subsection (a) shall not be accepted for filing by the  Secretary of State and shall not take effect unless the statement is withdrawn or a joint resolution is passed as provided in subsection (c).  The agency may not enforce or  invoke for any reason a proposed rule, amendment, or repealer or any  portion thereof that is prohibited from being filed by this subsection.(c) After the issuance  of a statement under subsection (a), any member of the General Assembly may introduce in  the General  Assembly a joint resolution stating that the General Assembly desires to discontinue the prohibition against the proposed rule, amendment, or repealer  or the portion thereof to which the statement was issued being filed and  taking effect.  If the joint  resolution is not passed by both houses of the General Assembly within 180  days after receipt of the statement by the Secretary of State or the statement is not withdrawn as provided in subsection (a), the agency shall be prohibited from  filing the proposed rule, amendment, or repealer or the portion thereof and  the proposed rule, amendment, or repealer or the portion thereof  shall not take effect.  The Secretary of State shall not accept for filing  the proposed rule, amendment, or repealer or the portion thereof with respect to which the Joint Committee has issued a statement under subsection (a) unless that statement is withdrawn or a joint resolution is passed as provided in this subsection.  If the 180-day period expires before  passage of the joint resolution, the agency may not file the proposed rule,  amendment, or repealer or the portion thereof as adopted and it shall not  take effect.(d) If a statement is issued under this Section, then, in response to an objection or suggestion of the Joint Committee, the agency may propose changes to the proposed rule, amendment, or repealer or portion of a proposed rule, amendment, or repealer. If the agency proposes changes, it must provide additional notice to the Joint Committee under the same terms and conditions and shall be subject to the same requirements and limitations as those set forth for a second notice period under subsection (c) of Section 5-40.  (Source: P.A. 93-1035, eff. 9-10-04; 93-1074, eff. 1-18-05.)