Chapter 5, GENERAL PROVISIONS

(5 ILCS 100/5-135) (from Ch. 127, par. 1005-135) Sec. 5-135. Administration of Act. The Joint Committee may adopt rules to administer the provisions of this Act relating to the Joint Committee's responsibilities, powers, and duties under this Article 5. (Source: P.A. 87-823.)…

(5 ILCS 100/5-140) (from Ch. 127, par. 1005-140) Sec. 5-140. Reports to the General Assembly. The Joint Committee shall report its findings, conclusions, and recommendations, including suggested legislation, to the General Assembly by February 1 of each year. The requirement for …

(5 ILCS 100/5-145) (from Ch. 127, par. 1005-145) Sec. 5-145. Request for adoption of rules. (a) An agency shall, in accordance with Section 5-35, adopt rules that implement recently enacted legislation of the General Assembly in a timely and expeditious manner. (b) Any interested…

(5 ILCS 100/5-146) Sec. 5-146. Rule change; intellectual disability. Any State agency with a rule that contains a reference to a mentally retarded person or similar reference shall amend the text of the rule to contain a reference to a person with an intellectual disability. Any …

(5 ILCS 100/5-147) Sec. 5-147. Rule change; physical disability. Any State agency with a rule that contains a reference to a crippled person or similar reference shall amend the text of the rule to contain a reference to a person with a physical disability. Any State agency with …

(5 ILCS 100/5-148) Sec. 5-148. Rule change; persons with a disability. Any State agency with a rule that contains the term "the physically handicapped" or "the handicapped" or "handicapped persons" or "handicapped individuals" or "handicapping condition" shall amend the text of t…

(5 ILCS 100/5-15) (from Ch. 127, par. 1005-15) Sec. 5-15. Required rules. (a) Each agency shall maintain as rules the following: (1) (Blank). (2) The current procedures by which the public can obtain information or make submissions or requests on subjects, programs, and activitie…

(5 ILCS 412/5-15) (Text of Section before amendment by P.A. 104-695) Sec. 5-15. Rental housing. The Department of Corrections, the Department of Natural Resources, the Department of Transportation, the University of Illinois, and the University of Illinois Foundation shall each a…

(5 ILCS 573/5-15) Sec. 5-15. Performance of functions. By retaining in the subject lands a federal proprietorial interest only, there exists a right of the United States to perform the functions delegated to it by the United States Constitution and directed by statutory enactment…

(5 ILCS 430/5-15) Sec. 5-15. Prohibited political activities. (a) State employees shall not intentionally perform any prohibited political activity during any compensated time (other than vacation, personal, or compensatory time off). State employees shall not intentionally misap…

(5 ILCS 100/5-150) (from Ch. 127, par. 1005-150) Sec. 5-150. Declaratory rulings. (a) Requests for rulings. Each agency may in its discretion provide by rule for the filing and prompt disposition of petitions or requests for declaratory rulings as to the applicability to the pers…

(5 ILCS 100/5-155) (from Ch. 127, par. 1005-155) Sec. 5-155. References to this Act. After the effective date of this amendatory Act of 1991, when rules contain references to Sections of this Act as they were numbered before the effective date of this amendatory Act of 1991, agen…

(5 ILCS 100/5-160) Sec. 5-160. Certain provisions of the Illinois Public Aid Code control over provisions of this Act. In the event that any provisions of this Act are in conflict with the provisions of Section 4-2 of the Illinois Public Aid Code, the provisions of Section 4-2 of…

(5 ILCS 100/5-165) Sec. 5-165. Ex parte communications in rulemaking; special government agents. (a) Notwithstanding any law to the contrary, this Section applies to ex parte communications made during the rulemaking process. (b) "Ex parte communication" means any written or oral…

(5 ILCS 573/5-20) Sec. 5-20. Power of Illinois to regulate. While the United States retains a federal proprietorial interest over the subject lands, the State of Illinois may not impose its regulatory power directly upon the United States nor may it tax the federal land. However,…

(5 ILCS 100/5-20) (from Ch. 127, par. 1005-20) Sec. 5-20. Implementing discretionary powers. Each rule that implements a discretionary power to be exercised by an agency shall include the standards by which the agency shall exercise the power. The standards shall be stated as pre…

(5 ILCS 412/5-20) Sec. 5-20. Security deposit. The Department of Corrections, the Department of Natural Resources, the University of Illinois, and the University of Illinois Foundation shall each analyze the need for all employee and non-employee tenants of State-owned housing to…

(5 ILCS 430/5-20) Sec. 5-20. Public service announcements; other promotional material. (a) Beginning January 1, 2004, no public service announcement or advertisement that is on behalf of any State administered program and contains the proper name, image, or voice of any executive…

(5 ILCS 100/5-25) (from Ch. 127, par. 1005-25) Sec. 5-25. Ratemaking. Every agency that is empowered by law to engage in ratemaking activities shall establish by rule, not inconsistent with the provisions of law establishing its ratemaking jurisdiction, the practice and procedure…

(5 ILCS 412/5-25) Sec. 5-25. Utilities. The Department of Corrections, the Department of Natural Resources, and the University of Illinois may each require its employees for whom it provides housing to pay their own utilities. If direct utility payment is required, a utility sche…

(5 ILCS 573/5-25) Sec. 5-25. Interference with federal functions. The State of Illinois may not regulate the actions of residents of the subject lands in any way that might directly interfere with the performance of a federal function. However, persons residing on the lands remai…

(5 ILCS 100/5-30) (from Ch. 127, par. 1005-30) Sec. 5-30. Regulatory flexibility. When an agency proposes a new rule or an amendment to an existing rule that may have an impact on small businesses, not for profit corporations, or small municipalities, the agency shall do each of …

(5 ILCS 412/5-30) Sec. 5-30. Tenant selection. The Department of Corrections, the Department of Natural Resources, the University of Illinois, and the University of Illinois Foundation shall each develop and maintain application forms for its State-owned housing, written criteria…

(5 ILCS 430/5-30) Sec. 5-30. Prohibited offer or promise. (a) An officer or employee of the executive or legislative branch or a candidate for an executive or legislative branch office may not promise anything of value related to State government, including but not limited to pos…

(5 ILCS 573/5-30) Sec. 5-30. Acceptance of retrocession. Subject to these conditions, the State of Illinois accepts cession of exclusive federal legislative jurisdiction from the United States, and retains all the legislative jurisdiction over the area it would have if a private …

(5 ILCS 412/5-35) Sec. 5-35. Housing justification. The Department of Natural Resources and the University of Illinois shall each develop written criteria for determining which employment positions necessitate provision of State housing. The criteria shall include the specific em…

(5 ILCS 430/5-35) Sec. 5-35. Contributions on State property. Contributions shall not be intentionally solicited, accepted, offered, or made on State property by public officials, by State employees, by candidates for elective office, by persons required to be registered under th…

(5 ILCS 100/5-35) (from Ch. 127, par. 1005-35) Sec. 5-35. Procedure for rulemaking. (a) Before the adoption, amendment, or repeal of any rule, each agency shall accomplish the actions required by Section 5-40, 5-45, or 5-50, whichever is applicable. (b) No action by any agency to…

(5 ILCS 573/5-35) Sec. 5-35. Authorization of Governor. The Governor of the State of Illinois is hereby authorized to accept for the State the retrocession of exclusive legislative jurisdiction over the subject lands, by the filing of a notice of acceptance with the State of Illi…

(5 ILCS 100/5-40) (from Ch. 127, par. 1005-40) Sec. 5-40. General rulemaking. (a) In all rulemaking to which Sections 5-45 and 5-50 do not apply, each agency shall comply with this Section. (b) Each agency shall give at least 45 days' notice of its intended action to the general …

(5 ILCS 430/5-40) Sec. 5-40. Fundraising during session. Except as provided in this Section, any executive branch constitutional officer, any candidate for an executive branch constitutional office, any member of the General Assembly, any candidate for the General Assembly, any p…

(5 ILCS 573/5-40) Sec. 5-40. Jurisdiction. The federal exclusive jurisdiction hereby retroceded, the nature of the legislative jurisdiction ceded with and retained by the State of Illinois shall continue no longer than the United States of America owns the lands described herein,…

(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) Sec. 5-45. Emergency rulemaking. (a) "Emergency" means the existence of any situation that any agency finds reasonably constitutes a threat to the public interest, safety, or welfare. (b) If any agency finds that an emergency exists …

(5 ILCS 430/5-45) Sec. 5-45. Procurement; revolving door prohibition. (a) No former officer, member, or State employee, or spouse or immediate family member living with such person, shall, within a period of one year immediately after termination of State employment, knowingly ac…

(5 ILCS 100/5-45.16) (Section scheduled to be repealed on January 1, 2027) Sec. 5-45.16. Emergency rulemaking; Medicaid eligibility expansion. To provide for the expeditious and timely implementation of the changes made to paragraph 6 of Section 5-2 of the Illinois Public Aid Cod…

(5 ILCS 100/5-45.18) (Section scheduled to be repealed on January 1, 2027) Sec. 5-45.18. Emergency rulemaking; Nursing Home Care Act. To provide for the expeditious and timely implementation of Public Act 102-640, emergency rules implementing Section 3-102.3 of the Nursing Home C…

(5 ILCS 100/5-45.60) Sec. 5-45.60. Emergency rulemaking; Network Adequacy and Transparency Act. To provide for the expeditious and timely implementation of the Network Adequacy and Transparency Act, emergency rules implementing federal standards for provider ratios, travel time a…

(5 ILCS 100/5-45.63) (Section scheduled to be repealed on January 1, 2027) Sec. 5-45.63. Emergency rulemaking; Developmental Disability and Mental Disability Services Act. To provide for the expeditious and timely implementation of the changes made to Section 2-6 of the Developme…

(5 ILCS 100/5-45.68) (Section scheduled to be repealed on June 16, 2027) Sec. 5-45.68. Emergency rulemaking; rate increase for direct support personnel and all frontline personnel. To provide for the expeditious and timely implementation of the changes made to Section 74 of the M…

(5 ILCS 100/5-45.69) (Section scheduled to be repealed on June 16, 2027) Sec. 5-45.69. Emergency rulemaking; Illinois Public Aid Code. To provide for the expeditious and timely implementation of the changes made to the Illinois Public Aid Code by this amendatory Act of the 104th …

(5 ILCS 100/5-45.71) (Text of Section from P.A. 104-466) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5-45.71. Emergency rulemaking; Artificial Intelligence Safety Measures Act. To provide for the expeditious and timely implementation of th…

(5 ILCS 100/5-45.72) (Section scheduled to be repealed on June 16, 2027) Sec. 5-45.72. Emergency rulemaking; Department of Healthcare and Family Services. In order to provide for the expeditious and timely implementation of the federal Medicaid provisions contained in Public Law …

(5 ILCS 100/5-45.73) (Section scheduled to be repealed on June 16, 2027) Sec. 5-45.73. Emergency rulemaking; nursing home staffing ratios. To provide for the expeditious and timely implementation of Section 3-202.05 of the Nursing Home Care Act and changes made by this amendatory…

(5 ILCS 100/5-46.1) Sec. 5-46.1. Emergency rulemaking. (a) The General Assembly finds that the State's current financial situation constitutes an emergency for the purposes of this Act. (b) Beginning July 1, 1995, agencies may implement the changes made by this amendatory Act of …

(5 ILCS 100/5-46.2) Sec. 5-46.2. Implementation of changes to State Medicaid plan. In order to provide for the timely and expeditious implementation of the federally approved amendment to the Title XIX State Plan as authorized by subsection (r-5) of Section 5A-12.1 of the Illinoi…

(5 ILCS 430/5-5) Sec. 5-5. Personnel policies. (a) Each of the following shall adopt and implement personnel policies for all State employees under his, her, or its jurisdiction and control: (i) each executive branch constitutional officer, (ii) each legislative leader, (iii) the…

(5 ILCS 573/5-5) Sec. 5-5. Authorization to accept retrocession. Pursuant to the provisions of Title 10, United States Code, Section 2683, the State of Illinois hereby authorizes acceptance of retrocession by the United States of America of exclusive legislative jurisdiction over…

(5 ILCS 412/5-5) Sec. 5-5. Policy development. The Department of Corrections, the Department of Natural Resources, the University of Illinois, and the University of Illinois Foundation shall each develop a policy on housing for State employees that addresses the following: (1) Pu…

(5 ILCS 517/5-5) Sec. 5-5. (This Section is compiled at 5 ILCS 537/5-5). (Source: P.A. 88-526.)

(5 ILCS 537/5-5) Sec. 5-5. Authorization to accept retrocession. The State of Illinois hereby authorizes acceptance of retrocession, either partially or wholly, by the United States over land owned by the United States within the boundaries of Illinois and under the jurisdiction …