Illinois 93rd Regular Session Status: Enacted

SB 2234 — LEGISLATIVE COMMISSIONS-TECH

Last action — Public Act . . . . . . . . . 93-1074

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 15, 2004. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Amends the Legislative Commission Reorganization Act of 1984. Makes a technical change in a Section concerning the short title.

Bill Text

What changed in the latest version

186 added · 7 removed

Plain-language change summary

The revised bill, SB 2234, removes references to the Legislative Commission Reorganization Act of 1984 and instead focuses on enhancing the Illinois Administrative Procedure Act. The key change allows the Joint Committee to formally object to proposed rules that pose a serious threat to public interest, safety, or welfare, which adds a layer of oversight. This matters because it gives the Committee more power to intervene before potentially harmful rules take effect, ensuring better protection for the public.

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SB2234 Engrossed LRB093 15890 RCE 41507 b AN ACT in relation to the legislature.
SB2234 Enrolled LRB093 15890 RCE 41507 b AN ACT in relation to the legislature.
The Legislative Commission Reorganization Act of 1984 is amended by changing Section 1-1 as follows:
The Illinois Administrative Procedure Act is amended by changing and reenacting Sections 5-115, 5-120, and 5-125 and validating all actions taken thereunder as follows:
(25 ILCS 130/1-1) (from Ch.
(5 ILCS 100/5-115) (from Ch.
63, par.
127, par.
1001-1) Sec.
1005-115) Sec.
1-1.
5-115.
Short title.
Other action by the Joint Committee.
This Act shall be known and may be cited as the Legislative Commission Reorganization Act of 1984.
(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 nor take effect unless the statement is withdrawn or a joint resolution is passed as provided in subsection (c).
The SB2234 Enrolled - 2 - LRB093 15890 RCE 41507 b 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.
83-1257.)
93-1035, eff.
9-10-04.) (5 ILCS 100/5-120) (from Ch.
127, par.
1005-120) SB2234 Enrolled - 3 - LRB093 15890 RCE 41507 b Sec.
5-120.
Responsibilities of the Joint Committee with respect to emergency, peremptory, and other existing rules.
(a) The Joint Committee may examine any rule to determine whether the rule is within the statutory authority upon which it is based and whether the rule is in proper form.
(b) If the Joint Committee objects to a rule, it shall, within 5 days of the objection, certify the fact to the adopting agency and include within the certification a statement of its specific objections.
(c) Within 90 days after receiving the certification, the agency shall do one of the following:
(1) Notify the Joint Committee that it has elected to amend the rule to meet the Joint Committee’s objection.
(2) Notify the Joint Committee that it has elected to repeal the rule.
(3) Notify the Joint Committee that it refuses to amend or repeal the rule.
(d) If the agency elects to amend a rule to meet the Joint Committee’s objections, it shall notify the Joint Committee in writing and shall initiate rulemaking procedures for that purpose by giving notice as required by Section 5-35.
The Joint Committee shall give priority to rules so amended when setting its agenda.
(e) If the agency elects to repeal a rule as a result of the Joint Committee’s objections, it shall notify the Joint Committee in writing of its election and shall initiate rulemaking procedures for that purpose by giving notice as required by Section 5-35.
(f) If the agency elects to amend or repeal a rule as a result of the Joint Committee’s objections, it shall complete the process within 180 days after giving notice in the Illinois Register.
(g) Failure of the agency to respond to the Joint Committee’s objections to a rule within the time prescribed in subsection (c) shall constitute a refusal to amend or repeal the rule.
SB2234 Enrolled - 4 - LRB093 15890 RCE 41507 b (h) If an agency refuses to amend or repeal a rule to remedy an objection stated by the Joint Committee, it shall notify the Joint Committee in writing of its refusal and shall submit a notice of refusal to the Secretary of State.
The notice shall be published in the next available issue of the Illinois Register.
If the Joint Committee, in response to an agency refusal, decides to suspend a the rule adopted under Section 5-45 or 5-50, then it may do so pursuant to Section 5-125.
Any member of the General Assembly may introduce legislation in the General Assembly to implement the recommendations of the Joint Committee concerning emergency, peremptory, and other existing rules.
Show all 69 changed rows (29 more)
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(Source:
P.A.
93-1035, eff.
9-10-04.) (5 ILCS 100/5-125) (from Ch.
127, par.
1005-125) Sec.
5-125.
Other Joint Committee action with respect to emergency or peremptory rulemaking.
(a) If the Joint Committee determines that a rule or portion of a rule adopted under Section 5-45 or 5-50 is 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 constitutes a serious threat to the public interest, safety, or welfare, the Joint Committee may issue a statement to that 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 affected agency and to the Secretary of State for publication in the next available issue of the Illinois Register.
Within 30 days of transmittal of the statement to the agency, the agency shall notify the Joint Committee in writing whether it has elected to repeal or amend the rule.
Failure of the agency to notify the Joint Committee and Secretary of State within 30 SB2234 Enrolled - 5 - LRB093 15890 RCE 41507 b days constitutes a decision by the agency to not repeal the rule.
(b) The effectiveness of the rule or the portion of a rule shall be suspended immediately upon receipt of the certified statement by the Secretary of State.
The Secretary of State shall indicate the suspension prominently and clearly on the face of the affected rule or the portion of a rule filed in the Office of the Secretary of State.
Rules or portions of rules suspended under this subsection shall not become effective again unless the statement is withdrawn as provided in subsection (a) or unless within 180 days from receipt of the statement by the Secretary of State, the General Assembly discontinues the suspension by joint resolution under subsection (c).
The agency may not enforce, or invoke for any reason, a rule or portion of a rule that has been suspended under this subsection.
During the 180-day period, the agency may not file, and nor may the Secretary of State may not accept for filing, any rule that (i) has the same purpose and effect as rules or portions of rules suspended under this subsection or (ii) does not substantially address the statement issued under subsection (a), except as otherwise provided in this Section.
(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 suspension of effectiveness of a rule or the portion of the rule to which the statement was issued.
If the joint resolution is not passed by both houses of the General Assembly within the 180-day period provided in subsection (b) or the statement is not withdrawn, the rule or the portion of the rule shall be considered repealed and the Secretary of State shall immediately remove the rule or portion of a rule from the collection of effective rules.
(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 rule, amendment, or SB2234 Enrolled - 6 - LRB093 15890 RCE 41507 b repealer or portion of a 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.) Section 99.
Effective date.
This Act takes effect upon becoming law.
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Action History

  1. Public Act . . . . . . . . . 93-1074

  2. Effective Date January 18, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 1 Senate Concurs 058-000-000

  7. House Floor Amendment No. 1 Motion to Concur Be Adopted Licensed Activities; 009-000-000

  8. House Floor Amendment No. 1 Motion to Concur Rules Referred to Licensed Activities

  9. House Floor Amendment No. 1 Motion to Concur Referred to Rules

  10. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein

  11. Chief Sponsor Changed to Sen. Ira I. Silverstein

  12. Placed on Calendar Order of Concurrence House Amendment(s) 01-November 17, 2004

  13. Secretary's Desk - Concurrence House Amendment(s) 01

  14. Third Reading - Short Debate - Passed 116-000-000

  15. 3/5 Vote Required

  16. Added Alternate Chief Co-Sponsor Rep. Jack D. Franks

  17. Placed on Calendar Order of 3rd Reading - Short Debate

  18. House Floor Amendment No. 1 Adopted by Voice Vote

  19. Second Reading - Short Debate

  20. House Floor Amendment No. 1 Recommends Be Adopted State Government Administration Committee; 008-000-000

  21. Added Alternate Chief Co-Sponsor Rep. David R. Leitch

  22. House Floor Amendment No. 1 Rules Refers to State Government Administration Committee

  23. House Floor Amendment No. 1 Referred to Rules Committee

  24. House Floor Amendment No. 1 Filed with Clerk by Rep. Jack D. Franks

  25. Placed on Calendar 2nd Reading - Short Debate

  26. Approved for Consideration Rules Committee; 003-000-000

  27. Rule 19(a) / Re-referred to Rules Committee

  28. Placed on Calendar 2nd Reading - Short Debate **

  29. Do Pass / Short Debate Executive Committee; 007-005-000

  30. Assigned to Executive Committee

  31. Referred to Rules Committee

  32. First Reading

  33. Chief House Sponsor Rep. Michael J. Madigan

  34. Placed on Calendar Order of First Reading

  35. Arrived in House

  36. Added as Chief Co-Sponsor Sen. Mattie Hunter

  37. Third Reading - Passed; 032-025-000

  38. Placed on Calendar Order of 3rd Reading February 25, 2004

  39. Second Reading

  40. Added as Co-Sponsor Sen. M. Maggie Crotty

  41. Placed on Calendar Order of 2nd Reading February 18, 2004

  42. Do Pass Executive; 013-000-000

  43. Assigned to Executive

  44. Referred to Rules

  45. First Reading

  46. Filed with Secretary by Sen. Emil Jones, Jr.

Sponsors

  • Ira I. Silverstein · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Ira I. Silverstein

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 50001
Republican 1000
Democrat 7000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Schoenberg — Yea
Shadid — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Meeks — Yea
Cronin — Yea
Halvorson — Yea
Lauzen — Yea
Munoz — Yea
Radogno — Yea
Sieben — Yea
Silverstein — Yea
Brady — Yea
Sullivan, D. — Yea
Petka — Yea
Soden — Yea
Sullivan, J. — Yea
Trotter — Yea
Viverito — Yea
Jacobs — Yea
Jones, J. — Yea
Jones, W. — Yea
Cullerton — Yea
Watson — Yea
Clayborne — Yea
Crotty — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Demuzio — Yea
Link — Yea
Maloney — Yea
Winkel — Yea
Wojcik — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Garrett — Yea
Peterson — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Not Voting
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 116 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 104002
Democrat 9000
Republican 3000
Total 116002
% of votes cast 98%0%0%2%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Yarbrough — Yea
Lindner — Yea
Acevedo — Yea
Aguilar — Yea
Mathias — Yea
Beaubien — Yea
Bassi — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Churchill — Yea
Colvin — Yea
Millner — Yea
Coulson — Yea
Morrow — Yea
Hamos — Yea
Myers — Yea
Hultgren — Yea
Jefferson — Yea
Osmond — Yea
Parke — Not Voting
Kurtz — Yea
Lang — Yea
Leitch — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Bailey — Yea
Mendoza — Yea
Meyer — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
Pihos — Yea
Scully — Yea
Slone — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Grunloh — Yea
Krause — Yea
Burke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Madigan — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Moffitt — Yea
Molaro — Yea
Mulligan — Yea
Munson — Yea
Howard — Yea
Nekritz — Yea
Osterman — Yea
Pankau — Yea
Watson — Yea
Jones — Yea
Tenhouse — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Younge — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Hassert — Not Voting
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 32 Yea · 25 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 252402
Democrat 7000
Republican 0100
Total 322502
% of votes cast 54%42%0%3%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Nay
Silverstein — Yea
Soden — Nay
Luechtefeld — Nay
Althoff — Nay
Martinez — Yea
Bomke — Yea
Burzynski — Nay
Haine — Yea
Halvorson — Yea
Obama — Yea
Munoz — Yea
Lauzen — Nay
Link — Yea
Maloney — Yea
Meeks — Yea
Jacobs — Yea
Cullerton — Yea
Radogno — Nay
Schoenberg — Yea
Shadid — Yea
Brady — Nay
Sullivan, D. — Nay
Sullivan, J. — Nay
Petka — Nay
Trotter — Yea
Jones, J. — Nay
Jones, W. — Nay
Watson — Nay
Viverito — Yea
Demuzio — Not Voting
Winkel — Nay
Wojcik — Nay
Clayborne — Yea
Cronin — Nay
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Forby — Nay
Garrett — Yea
Geo-Karis — Not Voting
Hendon — Yea
Peterson — Nay
Rauschenberger — Nay
Righter — Nay
Risinger — Nay
Ronen — Yea
Roskam — Nay
Rutherford — Nay
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Subjects

technology
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Frequently asked questions

What does SB 2234 do?
Amends the Legislative Commission Reorganization Act of 1984. Makes a technical change in a Section concerning the short title.
Who sponsors SB 2234?
SB 2234 is sponsored by Ira I. Silverstein.
What is the current status of SB 2234?
This bill has been enacted into law. Introduced January 15, 2004. Enacted.
Where can I track SB 2234?
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