Bill Amendment: IL HB5253 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SMALL BUS-ECON IMPACT ANALYSIS
Status: 2018-08-03 - Public Act . . . . . . . . . 100-0688 [HB5253 Detail]
Download: Illinois-2017-HB5253-House_Amendment_001.html
Bill Title: SMALL BUS-ECON IMPACT ANALYSIS
Status: 2018-08-03 - Public Act . . . . . . . . . 100-0688 [HB5253 Detail]
Download: Illinois-2017-HB5253-House_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5253
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5253 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
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 |
| |||||||
| |||||||
1 | that the methods are legal and
feasible in meeting the | ||||||
2 | statutory objectives that are the basis of the proposed
| ||||||
3 | rulemaking.
| ||||||
4 | (1) Establish less stringent compliance or | ||||||
5 | reporting requirements in
the rule for small | ||||||
6 | businesses, not for profit corporations, or small
| ||||||
7 | municipalities.
| ||||||
8 | (2) Establish less stringent schedules or | ||||||
9 | deadlines in the rule
for compliance or reporting | ||||||
10 | requirements for small businesses, not for
profit | ||||||
11 | corporations, or small municipalities.
| ||||||
12 | (3) Consolidate or simplify the rule's compliance | ||||||
13 | or reporting
requirements for small businesses, not | ||||||
14 | for profit corporations, or small
municipalities.
| ||||||
15 | (4) Establish performance standards to replace | ||||||
16 | design or operational
standards in the rule for small | ||||||
17 | businesses, not for profit corporations, or
small | ||||||
18 | municipalities.
| ||||||
19 | (5) Exempt small businesses, not for profit | ||||||
20 | corporations, or small
municipalities from any or all | ||||||
21 | requirements of the rule.
| ||||||
22 | (b) Before or during the notice period required under | ||||||
23 | subsection (b)
of Section 5-40, the agency shall provide an | ||||||
24 | opportunity for small
businesses, not for profit | ||||||
25 | corporations, or small municipalities to
participate in | ||||||
26 | the rulemaking process. The agency shall utilize one or
|
| |||||||
| |||||||
1 | more of the following techniques. These techniques are in | ||||||
2 | addition to
other rulemaking requirements imposed by this | ||||||
3 | Act or by any other Act.
| ||||||
4 | (1) The inclusion in any advance notice of possible | ||||||
5 | rulemaking
of a statement that the rule may have an | ||||||
6 | impact on small businesses, not
for profit | ||||||
7 | corporations, or small municipalities.
| ||||||
8 | (2) The publication of a notice of rulemaking in | ||||||
9 | publications likely to
be obtained by small | ||||||
10 | businesses, not for profit corporations, or small
| ||||||
11 | municipalities.
| ||||||
12 | (3) The direct notification of interested small | ||||||
13 | businesses, not for
profit corporations, or small | ||||||
14 | municipalities.
| ||||||
15 | (4) The conduct of public hearings concerning the | ||||||
16 | impact of the rule on
small businesses, not for profit | ||||||
17 | corporations, or small municipalities.
| ||||||
18 | (5) The use of special hearing or comment | ||||||
19 | procedures to reduce the cost
or complexity of | ||||||
20 | participation in the rulemaking by small businesses, | ||||||
21 | not
for profit corporations, or small municipalities.
| ||||||
22 | (c) Prior to the filing for publication in the Illinois | ||||||
23 | Register of any proposed rule or amendment that may have an | ||||||
24 | adverse impact on small businesses,
each agency must | ||||||
25 | prepare an economic impact analysis which shall be filed | ||||||
26 | with the proposed rule and publicized in the Illinois |
| |||||||
| |||||||
1 | Register together with the proposed rule . The economic | ||||||
2 | impact analysis shall include
the following: | ||||||
3 | (1) An an identification of the types and estimate | ||||||
4 | of the number of the small businesses subject to the | ||||||
5 | proposed rule or amendment . The agency shall identify | ||||||
6 | the types of businesses subject to the proposed rule | ||||||
7 | using the following 2-digit codes from the North | ||||||
8 | American Industry Classification System (NAICS): | ||||||
9 | 11 Agriculture, Forestry, Fishing and Hunting. | ||||||
10 | 21 Mining. | ||||||
11 | 22 Utilities. | ||||||
12 | 23 Construction. | ||||||
13 | 31-33 Manufacturing. | ||||||
14 | 42 Wholesale Trade. | ||||||
15 | 44-45 Retail Trade. | ||||||
16 | 48-49 Transportation and Warehousing. | ||||||
17 | 51 Information. | ||||||
18 | 52 Finance and Insurance. | ||||||
19 | 53 Real Estate Rental and Leasing. | ||||||
20 | 54 Professional, Scientific, and Technical | ||||||
21 | Services. | ||||||
22 | 55 Management of Companies and Enterprises. | ||||||
23 | 56 Administrative and Support and Waste | ||||||
24 | Management and Remediation Services. | ||||||
25 | 61 Educational Services. | ||||||
26 | 62 Health Care and Social Assistance. |
| |||||||
| |||||||
1 | 71 Arts, Entertainment, and Recreation. | ||||||
2 | 72 Accommodation and Food Services. | ||||||
3 | 81 Other Services (except Public | ||||||
4 | Administration). | ||||||
5 | 92 Public Administration. | ||||||
6 | The agency shall also identify the impact of the | ||||||
7 | proposed rule by identifying as many of the following | ||||||
8 | categories that the agency reasonably believes the | ||||||
9 | proposed rule will impact: | ||||||
10 | A. Hiring and additional staffing. | ||||||
11 | B. Regulatory requirements. | ||||||
12 | C. Purchasing. | ||||||
13 | D. Insurance changes. | ||||||
14 | E. Licensing fees. | ||||||
15 | F. Equipment and material needs. | ||||||
16 | G. Training requirements. | ||||||
17 | H. Record keeping. | ||||||
18 | I. Compensation and benefits. | ||||||
19 | J. Other potential impacted categories. ; | ||||||
20 | (2) The the projected reporting, recordkeeping, | ||||||
21 | and other administrative costs required for compliance
| ||||||
22 | with the proposed rule or amendment, including the type | ||||||
23 | of professional skills necessary for preparation of | ||||||
24 | the
report or record . ; | ||||||
25 | (3) A a statement of the probable positive or | ||||||
26 | negative economic effect on impacted small businesses . |
| |||||||
| |||||||
1 | ; and | ||||||
2 | (4) A a description of any less intrusive or less | ||||||
3 | costly alternative methods of achieving the purpose of
| ||||||
4 | the proposed rule or amendment. The alternatives must | ||||||
5 | be consistent with the stated objectives of the | ||||||
6 | applicable statutes and the proposed rulemaking. | ||||||
7 | The Department of Commerce and Economic Opportunity | ||||||
8 | shall place notification of all proposed rules affecting | ||||||
9 | small business on its website. The notification shall | ||||||
10 | include the information provided by the agency under this | ||||||
11 | subsection (c) together with the summary of the proposed | ||||||
12 | rule published by the Joint Committee on Administrative | ||||||
13 | Rules in the Flinn Report. | ||||||
14 | The Business
Assistance Office shall prepare an impact | ||||||
15 | analysis of the rule or amendment describing
its effect on | ||||||
16 | small businesses whenever the Office believes, in its
| ||||||
17 | discretion, that an analysis is warranted or whenever | ||||||
18 | requested to do so by
25 interested persons, an association | ||||||
19 | representing at least 100 interested
persons, the | ||||||
20 | Governor, a unit of local government, or the Joint | ||||||
21 | Committee
on Administrative Rules. The impact analysis | ||||||
22 | shall be completed before or within the
notice period as | ||||||
23 | described in subsection (b) of Section 5-40. Upon
| ||||||
24 | completion of any analysis in accordance with this | ||||||
25 | subsection (c), the preparing agency or the Business | ||||||
26 | Assistance Office shall submit the
analysis to the Joint |
| |||||||
| |||||||
1 | Committee on Administrative Rules, to any interested
| ||||||
2 | person who requested the analysis, and, if the agency | ||||||
3 | prepared the analysis, to the Business Assistance Office.
| ||||||
4 | For purposes of this subsection (c), "small business" | ||||||
5 | means a business with fewer than 50 full-time employees or | ||||||
6 | less than $4,000,000 in gross annual sales. | ||||||
7 | This subsection does not apply to rules and standards | ||||||
8 | described in paragraphs (1) through (5) of subsection (c) | ||||||
9 | of Section 1-5.
| ||||||
10 | (Source: P.A. 96-1448, eff. 1-1-11 .)".
|