Full Text of HB5191 96th General Assembly
HB5191enr 96TH GENERAL ASSEMBLY
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HB5191 Enrolled |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Administrative Procedure Act is | 5 |
| amended by changing Section 5-30 as follows:
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| (5 ILCS 100/5-30) (from Ch. 127, par. 1005-30)
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| 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:
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| (a) The agency shall consider each of the following methods | 13 |
| for reducing
the impact of the rulemaking on small businesses, | 14 |
| not for profit corporations,
or small municipalities. The | 15 |
| agency shall reduce the impact by utilizing one or
more of the | 16 |
| following methods if it finds that the methods are legal and
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| feasible in meeting the statutory objectives that are the basis | 18 |
| of the proposed
rulemaking.
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| (1) Establish less stringent compliance or reporting | 20 |
| requirements in
the rule for small businesses, not for | 21 |
| profit corporations, or small
municipalities.
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| (2) Establish less stringent schedules or deadlines in | 23 |
| the rule
for compliance or reporting requirements for small |
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| businesses, not for
profit corporations, or small | 2 |
| municipalities.
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| (3) Consolidate or simplify the rule's compliance or | 4 |
| reporting
requirements for small businesses, not for | 5 |
| profit corporations, or small
municipalities.
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| (4) Establish performance standards to replace design | 7 |
| or operational
standards in the rule for small businesses, | 8 |
| not for profit corporations, or
small municipalities.
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| (5) Exempt small businesses, not for profit | 10 |
| corporations, or small
municipalities from any or all | 11 |
| requirements of the rule.
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| (b) Before or during the notice period required under | 13 |
| subsection (b)
of Section 5-40, the agency shall provide an | 14 |
| opportunity for small
businesses, not for profit corporations, | 15 |
| or small municipalities to
participate in the rulemaking | 16 |
| process. The agency shall utilize one or
more of the following | 17 |
| techniques. These techniques are in addition to
other | 18 |
| rulemaking requirements imposed by this Act or by any other | 19 |
| Act.
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| (1) The inclusion in any advance notice of possible | 21 |
| rulemaking
of a statement that the rule may have an impact | 22 |
| on small businesses, not
for profit corporations, or small | 23 |
| municipalities.
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| (2) The publication of a notice of rulemaking in | 25 |
| publications likely to
be obtained by small businesses, not | 26 |
| for profit corporations, or small
municipalities.
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| (3) The direct notification of interested small | 2 |
| businesses, not for
profit corporations, or small | 3 |
| municipalities.
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| (4) The conduct of public hearings concerning the | 5 |
| impact of the rule on
small businesses, not for profit | 6 |
| corporations, or small municipalities.
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| (5) The use of special hearing or comment procedures to | 8 |
| reduce the cost
or complexity of participation in the | 9 |
| rulemaking by small businesses, not
for profit | 10 |
| corporations, or small municipalities.
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| (c) Prior to the filing for publication in the Illinois | 12 |
| Register of any proposed rule or amendment that may have an | 13 |
| adverse impact on small businesses,
each agency must prepare an | 14 |
| economic impact analysis. The economic impact analysis shall | 15 |
| include
the following: | 16 |
| (1) an identification of the types and estimate of the | 17 |
| number of the small businesses subject to the proposed rule | 18 |
| or amendment; | 19 |
| (2) the projected reporting, recordkeeping, and other | 20 |
| administrative costs required for compliance
with the | 21 |
| proposed rule or amendment, including the type of | 22 |
| professional skills necessary for preparation of the
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| report or record; | 24 |
| (3) a statement of the probable positive or negative | 25 |
| economic effect on impacted small businesses; and | 26 |
| (4) a description of any less intrusive or less costly |
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| alternative methods of achieving the purpose of
the | 2 |
| proposed rule or amendment. The alternatives must be | 3 |
| consistent with the stated objectives of the applicable | 4 |
| statutes and the proposed rulemaking. | 5 |
| Before the notice period required under subsection (b) of | 6 |
| Section
5-40, the Secretary of State shall provide to the | 7 |
| Business Assistance
Office of the Department of Commerce and | 8 |
| Economic Opportunity a copy of any
proposed rules or amendments | 9 |
| accepted for publication. The Business
Assistance Office shall | 10 |
| prepare an impact analysis of the rule or amendment describing
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| its the rule's effect on small businesses whenever the Office | 12 |
| believes, in its
discretion, that an analysis is warranted or | 13 |
| whenever requested to do so by
25 interested persons, an | 14 |
| association representing at least 100 interested
persons, the | 15 |
| Governor, a unit of local government, or the Joint Committee
on | 16 |
| Administrative Rules. The impact analysis shall be completed | 17 |
| before or within the
notice period as described in subsection | 18 |
| (b) of Section 5-40. Upon
completion of any the analysis in | 19 |
| accordance with this subsection (c), the preparing agency or | 20 |
| the Business Assistance Office shall submit the this
analysis | 21 |
| to the Joint Committee on Administrative Rules, to any | 22 |
| interested
person who requested the analysis, and , if the | 23 |
| agency prepared the analysis, to the Business Assistance Office
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| agency proposing the rule . The
impact analysis shall contain | 25 |
| the following:
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| This subsection does not apply to rules and standards |
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| described in paragraphs (1) through (5) of subsection (c) of | 2 |
| Section 1-5.
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| (1) A summary of the projected reporting, | 4 |
| recordkeeping, and other
compliance requirements of the | 5 |
| proposed rule.
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| (2) A description of the types and an estimate of the | 7 |
| number of
small businesses to which the proposed rule will | 8 |
| apply.
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| (3) An estimate of the economic impact that the | 10 |
| regulation will have on
the various types of small | 11 |
| businesses affected by the rulemaking.
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| (4) A description or listing of alternatives to the | 13 |
| proposed rule
that would minimize the economic impact of | 14 |
| the rule. The alternatives must
be consistent with the | 15 |
| stated objectives of the applicable statutes and
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| regulations.
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| (Source: P.A. 94-793, eff. 5-19-06.)
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