IL Register Vol. 39 Issue 9. Issue 9 - February 27, 2015 – Pages 2,810–3,201

• Library: Illinois Register
• Enactment Date: 01 January 2015

TABLE OF CONTENTS February 27, 2015 Volume 39, Issue 9

PROPOSED RULES

INSURANCE, DEPARTMENT OF

Variable Contracts 50 Ill. Adm. Code 1451..........................................................................2810

POLLUTION CONTROL BOARD

Management of Used and Waste Tires 35 Ill. Adm. Code 848............................................................................2814

STATE BOARD OF EDUCATION

Requirements for Accounting, Budgeting, Financial Reporting, and Auditing

23 Ill. Adm. Code 100............................................................................2916

Pupil Transportation Reimbursement 23 Ill. Adm. Code 120............................................................................2961

School Construction Program 23 Ill. Adm. Code 151............................................................................2970

Children's Low-cost Laptop Program (Repealer)

23 Ill. Adm. Code 365............................................................................2978

Regional Offices of Education and Intermediate Services (Repealer) 23 Ill. Adm. Code 525............................................................................2986

Intermediate Services 23 Ill. Adm. Code 525............................................................................3007

Parental Participation Pilot Project (Repealer) 23 Ill. Adm. Code 560............................................................................3024

ADOPTED RULES

SECRETARY OF STATE - GENERAL COUNSEL

State Records Commission 44 Ill. Adm. Code 4400..........................................................................3031

Local Records Commission of Cook County

44 Ill. Adm. Code 4500..........................................................................3094

EMERGENCY RULES

STATE BOARD OF EDUCATION

Requirements for Accounting, Budgeting, Financial Reporting, and Auditing 23 Ill. Adm. Code 100............................................................................3146

PEREMPTORY RULES

HUMAN SERVICES, DEPARTMENT OF

Schedule of Controlled Substances 77 Ill. Adm. Code 2070..........................................................................3171

OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER

REVENUE, DEPARTMENT OF

2014 Fourth Quarter Sales & Miscellaneous Tax Sunshine Index................3185

2014 Fourth Quarter Income Tax Sunshine Index.........................................3188

SECOND NOTICES RECEIVED

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Second Notices Received..............................................................................3191

EXECUTIVE ORDERS AND PROCLAMATIONS

EXECUTIVE ORDERS

Executive Order Respecting State Employees' Freedom of Speech 2015-13.............................................................................................3193

Executive Order Establishing the Illinois State Commission on Criminal Justice and Sentencing Reform 2015-14.............................................................................................3197

INTRODUCTION

The Illinois Register is the official state document for publishing public notice of rulemaking activity initiated by State governmental agencies. The table of contents is arranged categorically by rulemaking activity and alphabetically by agency within each category.

Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and Proclamations issued by the Governor; notices of public information required by State Statute; and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors the rulemaking activities of State Agencies; is also published in the Register.

The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules adopted by State agencies). The most recent edition of the Code, along with the Register, comprise the most current accounting of State agencies' rulemakings.

The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois Administrative Procedure Act [5 ILCS 100/1-1, et seq.].

ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2015

Issue#	Rules Due Date	Date of Issue
1	December 22, 2014	January 2, 2015
2	December 29, 2014	January 9, 2015
3	January 5, 2015	January 16, 2015
4	January 12, 2015	January 23, 2015
5	January 20, 2015	January 30, 2015
6	January 26, 2015	February 6, 2015
7	February 2, 2015	February 13, 2015
8	February 9, 2015	February 20, 2015
9	February 17, 2015	February 27, 2015
10	February 23, 2015	March 6, 2015
11	March 2, 2015	March 13, 2015
12	March 9, 2015	March 20, 2015
13	March 16, 2015	March 27, 2015
14	March 23, 2015	April 3, 2015
15	March 30, 2015	April 10, 2015
16	April 6, 2015	April 17, 2015
17	April 13, 2015	April 24, 2015
18	April 20, 2015	May 1, 2015
19	April 27, 2015	May 8, 2015
20	May 4, 2015	May 15, 2015

21	May 11, 2015	May 22, 2015
22	May 18, 2015	May 29, 2015
23	May 26, 2015	June 5, 2015
24	June 1, 2015	June 12, 2015
25	June 8, 2015	June 19, 2015
26	June 15, 2015	June 26, 2015
27	June 22, 2015	July 6, 2015
28	June 29, 2015	July 10, 2015
29	July 6, 2015	July 17, 2015
30	July 13, 2015	July 24, 2015
31	July 20, 2015	July 31, 2015
32	July 27, 2015	August 7, 2015
33	August 3, 2015	August 14, 2015
34	August 10, 2015	August 21, 2015
35	August 17, 2015	August 28, 2015
36	August 24, 2015	September 4, 2015
37	August 31, 2015	September 11, 2015
38	September 8, 2015	September 18, 2015
39	September 14, 2015	September 25, 2015
40	September 21, 2015	October 2, 2015
41	September 28, 2015	October 9, 2015
42	October 5, 2015	October 16, 2015
43	October 13, 2015	October 23, 2015
44	October 19, 2015	October 30, 2015
45	October 26, 2015	November 6, 2015
46	November 2, 2015	November 13, 2015
47	November 9, 2015	November 20, 2015
48	November 16, 2015	November 30, 2015
49	November 23, 2015	December 4, 2015
50	November 30, 2015	December 11, 2015
51	December 7, 2015	December 18, 2015
52	December 14, 2015	December 28, 2015

1) Heading of the Part: Variable Contracts

2) Code Citation: 50 Ill. Adm. Code 1451

3)	Section Numbers:	Proposed Action:
	1451.20	Amendment

4) Statutory Authority: Implementing Article XTV½ of the Illinois Insurance Code [215 ILCS 5/Art. XTVV½ and authorized by Sections 401 and 245.24 of the Illinois Insurance Code [215 ILCS 5/401 and 245.24]

5) A Complete Description of the Subjects and Issues Involved: The definition of "Variable Contract" in Part 1451 - Variable Contracts was recently amended. The intent of the change was to include products in the definition that were previously excluded. It was not the intent to exclude any products that had previously been included. During the drafting of the amendment, a requirement that a contract be registered with the SEC was added to the definition. This addition had the unintended effect of excluding some products from the definition of variable contract that are exempt from registering with the SEC, but otherwise meet the definition of variable contract. The proposed amendment will correct the issue.

6) Any published studies or reports, along with the sources of underlying data, that were used when comprising this rulemaking, in accordance with 1 Ill. Adm. Code 100.355: None

7) Will this rulemaking replace any emergency rule currently in effect? No

8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? No

10) Are there any other rulemakings pending on this Part? No

11) Statement of Statewide Policy Objectives: This rulemaking will not require a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues.

12) Time, Place and Manner in which interested persons may comment on this

proposed rulemaking: Persons who wish to comment on this proposed rulemaking may submit written comments no later than 45 days after the publication of this Notice to:

Mary Jane Adkins	or	Susan Anders
Assistant General Counsel		Rules Coordinator
Illinois Department of Insurance		Illinois Department of Insurance
122 South Michigan Ave., 19th Floor		320 W. Washington St.
Chicago IL 60603		Springfield IL 62767
312/814-5411		217/558-0957
fax: 312/814-2862

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not-for-profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: No new skills required for compliance. The amendment is a housekeeping change and does not affect the way in which industry players operate.

14) Regulatory Agenda on which this rulemaking was summarized: January 2015

The full text of the Proposed Amendment begins on the next page:

TITLE 50: INSURANCE CHAPTER I: DEPARTMENT OF INSURANCE SUBCHAPTER t: SEPARATE ACCOUNTS PART 1451 VARIABLE CONTRACTS

Section
1451.10	Authority
1451.20	Definitions
1451.30	Qualification of Insurance Companies to Issue Variable Contracts
1451.40	Separate Accounts
1451.50	Filing of Contracts
1451.60	Contracts Providing for Variable Benefits
1451.70	Required Reports
1451.80	Foreign or...