Illinois General Assembly - Full Text of HB5253
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Full Text of HB5253  100th General Assembly




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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Administrative Procedure Act is
5amended 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
8a new rule or an amendment to an existing rule that may have an
9impact on small businesses, not for profit corporations, or
10small municipalities, the agency shall do each of the
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.)