Illinois Regulation is a summary of the weekly regulatory decisions of State agencies published in the Illinois Register and action
taken by the Illinois General Assembly's Joint Committee on Administrative Rules. Illinois Regulation is designed to inform and
involve the public in changes taking place in agency administration.
VOL. 35 Issue 31
Regulation Illinois
(cont'd page 3)
New Regulations
Proposed
Regulations
NEW REGULATIONS: Rules adopted by agencies this week.
PROPOSED REGULATIONS: Rules proposed by agencies this week, commencing a 45-day First Notice period. Public comments must be accepted
by the agency for the period of time indicated.
: Symbol designating rules of special interest to small businesses, small municipalities, and not-for-profit corporations. Agencies are required to consider
comments from these groups and minimize the regulatory burden on them.
QUESTIONS/COMMENTS/RULE TEXT: Direct mail or phone calls to the agency personnel listed below each summary. Providing volume and issue number
of The Flinn Report or the Illinois Register will expedite the process. Some agencies charge copying fees. However, copy requests do not have to
be made under the Freedom of Information Act .
The Flinn
Report
(cont'd next page )
July 29, 2011
Claire B. Eberle, Editor Joint Committee on Administrative Rules 700 Stratton Office Bldg., Springfield IL 62706
Elaine Spencer, Assoc. Editor Illinois General Assembly 217/785-2254 ilga.gov/commission/jcar
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LOBBYIST REGISTRATION
The SECRETARY OF STATE adopted
amendments to "Lobbyist Registra-tion
and Reports" (2 Ill Adm Code 560;
35 Ill Reg 1870), effective 7/18/11. A
companion emergency rulemaking
became effective 1/21/11 and expired
on 6/19/11. The rulemaking imple-ments
reform measures enacted by
Public Act 96-555 and Public Act 96-
1358 that amended the Lobbyist Reg-istration
Act. The amendments have
an extensive inventory of those posi-tions
qualifying as an "official" (e.g.,
the constitutional officers and various
staff members within their offices and
executive directors and general coun-sel
for various boards and commis-sions).
Lobbyists registering indepen-dently
with the SOS Index Department
will be presumed to be the "autho-rized
agent" required to keep copies
of expenditure and registration
records. A new example of a firm not
required to register under the Act is
given (e.g., a group of physicians
prepares a report on a particular medi-cal
issue, and their contact with offi-cials
is limited to an explanation of the
medical subject matter). A person
claiming an exemption from registra-tion
must complete a statement of
exemption, certify that he or she is not
required to register under the Act, and
include the particular basis for exemp-tion
along with identifying informa-tion.
Also, lobbying entities must in-form
their clients of the requirement to
register or file an exemption state-ment.
Registered persons have a con-tinuing
duty to report any substantial
change in the information, must affirm
under oath the accuracy of all reports
filed within the last 6 months, and
complete ethics training provided by
the SOS no later than 30 days after
registration or renewal. Beginning 1/
1/11, semi-monthly expenditure re-ports
are required. Gifts made to offi-cials
on the basis of personal friend-ship
are added to the list of expendi-tures
that must be reported by lobby-ists,
and the report exemption for
expenditures of $100 or less is stricken.
Also, any official named in an expen-diture
report who did not receive no-tification
from the registered lobbyist,
or who has returned or reimbursed the
reported expenditure, may at any time
contest the disclosure of the expendi-ture
by submitting a letter to the reg-istered
lobbyist and the SOS. The
rulemakings additionally increase an-
STATE VEHICLES
The DEPARTMENT OF CENTRAL
MANAGEMENT SERVICES proposed
amendments to "State Vehicles and
Garage" (44 Ill Adm Code 5040; 35 Ill
Reg 12592) altering State vehicle us-age
and vehicle replacement policy.
Requests for vehicle acquisitions must
be justified based upon work needs.
State vehicles must be purchased only
when that is the lowest cost alternative
for the State and vehicles will be fully
utilized in terms of business mileage.
Factors determining which transpor-tation
option is cheaper will vary de-pending
on the cost of fuel and the
cost of purchasing State vehicles ver-sus
the cost of reimbursing State em-ployees
for use of private vehicles.
Additional factors used in determin-ing
whether purchase of a vehicle is
efficient are annual overall miles, an-nual
business miles, percentage of
commuting miles (if applicable),
cargo, passenger load, or other spe-cial
equipment or needs. A "break-even
mileage reference point" will be
maintained by the Department for use
in determining efficient vehicle pur-chase
decisions. The Department
manager of vehicles may grant excep-
