Full Text of HB5253 100th General Assembly
HB5253enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by changing Section 5-30 as follows:
| 6 | | (5 ILCS 100/5-30) (from Ch. 127, par. 1005-30)
| 7 | | Sec. 5-30. Regulatory flexibility. When an agency proposes | 8 | | a new rule or
an amendment to an existing rule that may have an | 9 | | impact on small businesses,
not for profit corporations, or | 10 | | small municipalities, the agency shall do each
of the | 11 | | following:
| 12 | | (a) The agency shall consider each of the following | 13 | | methods for reducing
the impact of the rulemaking on small | 14 | | businesses, not for profit corporations,
or small | 15 | | municipalities. The agency shall reduce the impact by | 16 | | utilizing one or
more of the following methods if it finds | 17 | | that the methods are legal and
feasible in meeting the | 18 | | statutory objectives that are the basis of the proposed
| 19 | | rulemaking.
| 20 | | (1) Establish less stringent compliance or | 21 | | reporting requirements in
the rule for small | 22 | | businesses, not for profit corporations, or small
| 23 | | municipalities.
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| 1 | | (2) Establish less stringent schedules or | 2 | | deadlines in the rule
for compliance or reporting | 3 | | requirements for small businesses, not for
profit | 4 | | corporations, or small municipalities.
| 5 | | (3) Consolidate or simplify the rule's compliance | 6 | | or reporting
requirements for small businesses, not | 7 | | for profit corporations, or small
municipalities.
| 8 | | (4) Establish performance standards to replace | 9 | | design or operational
standards in the rule for small | 10 | | businesses, not for profit corporations, or
small | 11 | | municipalities.
| 12 | | (5) Exempt small businesses, not for profit | 13 | | corporations, or small
municipalities from any or all | 14 | | requirements of the rule.
| 15 | | (b) Before or during the notice period required under | 16 | | subsection (b)
of Section 5-40, the agency shall provide an | 17 | | opportunity for small
businesses, not for profit | 18 | | corporations, or small municipalities to
participate in | 19 | | the rulemaking process. The agency shall utilize one or
| 20 | | more of the following techniques. These techniques are in | 21 | | addition to
other rulemaking requirements imposed by this | 22 | | Act or by any other Act.
| 23 | | (1) The inclusion in any advance notice of possible | 24 | | rulemaking
of a statement that the rule may have an | 25 | | impact on small businesses, not
for profit | 26 | | corporations, or small municipalities.
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| 1 | | (2) The publication of a notice of rulemaking in | 2 | | publications likely to
be obtained by small | 3 | | businesses, not for profit corporations, or small
| 4 | | municipalities.
| 5 | | (3) The direct notification of interested small | 6 | | businesses, not for
profit corporations, or small | 7 | | municipalities.
| 8 | | (4) The conduct of public hearings concerning the | 9 | | impact of the rule on
small businesses, not for profit | 10 | | corporations, or small municipalities.
| 11 | | (5) The use of special hearing or comment | 12 | | procedures to reduce the cost
or complexity of | 13 | | participation in the rulemaking by small businesses, | 14 | | not
for profit corporations, or small municipalities.
| 15 | | (c) Prior to the filing for publication in the Illinois | 16 | | Register of any proposed rule or amendment that may have an | 17 | | adverse impact on small businesses,
each agency must | 18 | | prepare an economic impact analysis which shall be filed | 19 | | with the proposed rule and publicized in the Illinois | 20 | | Register together with the proposed rule . The economic | 21 | | impact analysis shall include
the following: | 22 | | (1) An an identification of the types and estimate | 23 | | of the number of the small businesses subject to the | 24 | | proposed rule or amendment . The agency shall identify | 25 | | the types of businesses subject to the proposed rule | 26 | | using the following 2-digit codes from the North |
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| 1 | | American Industry Classification System (NAICS): | 2 | | 11 Agriculture, Forestry, Fishing and Hunting. | 3 | | 21 Mining. | 4 | | 22 Utilities. | 5 | | 23 Construction. | 6 | | 31-33 Manufacturing. | 7 | | 42 Wholesale Trade. | 8 | | 44-45 Retail Trade. | 9 | | 48-49 Transportation and Warehousing. | 10 | | 51 Information. | 11 | | 52 Finance and Insurance. | 12 | | 53 Real Estate Rental and Leasing. | 13 | | 54 Professional, Scientific, and Technical | 14 | | Services. | 15 | | 55 Management of Companies and Enterprises. | 16 | | 56 Administrative and Support and Waste | 17 | | Management and Remediation Services. | 18 | | 61 Educational Services. | 19 | | 62 Health Care and Social Assistance. | 20 | | 71 Arts, Entertainment, and Recreation. | 21 | | 72 Accommodation and Food Services. | 22 | | 81 Other Services (except Public | 23 | | Administration). | 24 | | 92 Public Administration. | 25 | | The agency shall also identify the impact of the | 26 | | proposed rule by identifying as many of the following |
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| 1 | | categories that the agency reasonably believes the | 2 | | proposed rule will impact: | 3 | | A. Hiring and additional staffing. | 4 | | B. Regulatory requirements. | 5 | | C. Purchasing. | 6 | | D. Insurance changes. | 7 | | E. Licensing fees. | 8 | | F. Equipment and material needs. | 9 | | G. Training requirements. | 10 | | H. Record keeping. | 11 | | I. Compensation and benefits. | 12 | | J. Other potential impacted categories. ; | 13 | | (2) The the projected reporting, recordkeeping, | 14 | | and other administrative costs required for compliance
| 15 | | with the proposed rule or amendment, including the type | 16 | | of professional skills necessary for preparation of | 17 | | the
report or record . ; | 18 | | (3) A a statement of the probable positive or | 19 | | negative economic effect on impacted small businesses . | 20 | | ; and | 21 | | (4) A a description of any less intrusive or less | 22 | | costly alternative methods of achieving the purpose of
| 23 | | the proposed rule or amendment. The alternatives must | 24 | | be consistent with the stated objectives of the | 25 | | applicable statutes and the proposed rulemaking. | 26 | | The Department of Commerce and Economic Opportunity |
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| 1 | | shall place notification of all proposed rules affecting | 2 | | small business on its website. The notification shall | 3 | | include the information provided by the agency under this | 4 | | subsection (c) together with the summary of the proposed | 5 | | rule published by the Joint Committee on Administrative | 6 | | Rules in the Flinn Report. | 7 | | The Business
Assistance Office shall prepare an impact | 8 | | analysis of the rule or amendment describing
its effect on | 9 | | small businesses whenever the Office believes, in its
| 10 | | discretion, that an analysis is warranted or whenever | 11 | | requested to do so by
25 interested persons, an association | 12 | | representing at least 100 interested
persons, the | 13 | | Governor, a unit of local government, or the Joint | 14 | | Committee
on Administrative Rules. The impact analysis | 15 | | shall be completed before or within the
notice period as | 16 | | described in subsection (b) of Section 5-40. Upon
| 17 | | completion of any analysis in accordance with this | 18 | | subsection (c), the preparing agency or the Business | 19 | | Assistance Office shall submit the
analysis to the Joint | 20 | | Committee on Administrative Rules, to any interested
| 21 | | person who requested the analysis, and, if the agency | 22 | | prepared the analysis, to the Business Assistance Office.
| 23 | | For purposes of this subsection (c), "small business" | 24 | | means a business with fewer than 50 full-time employees or | 25 | | less than $4,000,000 in gross annual sales. | 26 | | This subsection does not apply to rules and standards |
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| 1 | | described in paragraphs (1) through (5) of subsection (c) | 2 | | of Section 1-5.
| 3 | | (Source: P.A. 96-1448, eff. 1-1-11 .)
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