Bill Text: IL HB5191 | 2009-2010 | 96th General Assembly | Enrolled

---

Bill Title: Amends the Illinois Administrative Procedure Act. Requires that the economic impact analysis for a proposed rule affecting small businesses be prepared by the agency promulgating the rule (now, the Business Assistance Office of the Department of Commerce and Economic Opportunity). Requires each agency to perform periodic reviews of its rules in order to evaluate their affect upon small businesses.

Spectrum: Moderate Partisan Bill (Republican 16-2)

Status: (Passed) 2010-08-20 - Public Act . . . . . . . . . 96-1448 [HB5191 Detail]

Download: Illinois-2009-HB5191-Enrolled.html

---

HB5191 Enrolled LRB096 16194 JAM 31449 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 5-30 as follows:
(5 ILCS 100/5-30) (from Ch. 127, par. 1005-30)
Sec. 5-30. Regulatory flexibility. When an agency proposes
a new rule or an amendment to an existing rule that may have an
impact on small businesses, not for profit corporations, or
small municipalities, the agency shall do each of the
following:
(a) The agency shall consider each of the following methods
for reducing the impact of the rulemaking on small businesses,
not for profit corporations, or small municipalities. The
agency shall reduce the impact by utilizing one or more of the
following methods if it finds that the methods are legal and
feasible in meeting the statutory objectives that are the basis
of the proposed rulemaking.
(1) Establish less stringent compliance or reporting
requirements in the rule for small businesses, not for
profit corporations, or small municipalities.
(2) Establish less stringent schedules or deadlines in
the rule for compliance or reporting requirements for small

HB5191 Enrolled - 2 - LRB096 16194 JAM 31449 b
businesses, not for profit corporations, or small
municipalities.
(3) Consolidate or simplify the rule's compliance or
reporting requirements for small businesses, not for
profit corporations, or small municipalities.
(4) Establish performance standards to replace design
or operational standards in the rule for small businesses,
not for profit corporations, or small municipalities.
(5) Exempt small businesses, not for profit
corporations, or small municipalities from any or all
requirements of the rule.
(b) Before or during the notice period required under
subsection (b) of Section 5-40, the agency shall provide an
opportunity for small businesses, not for profit corporations,
or small municipalities to participate in the rulemaking
process. The agency shall utilize one or more of the following
techniques. These techniques are in addition to other
rulemaking requirements imposed by this Act or by any other
Act.
(1) The inclusion in any advance notice of possible
rulemaking of a statement that the rule may have an impact
on small businesses, not for profit corporations, or small
municipalities.
(2) The publication of a notice of rulemaking in
publications likely to be obtained by small businesses, not
for profit corporations, or small municipalities.

HB5191 Enrolled - 3 - LRB096 16194 JAM 31449 b
(3) The direct notification of interested small
businesses, not for profit corporations, or small
municipalities.
(4) The conduct of public hearings concerning the
impact of the rule on small businesses, not for profit
corporations, or small municipalities.
(5) The use of special hearing or comment procedures to
reduce the cost or complexity of participation in the
rulemaking by small businesses, not for profit
corporations, or small municipalities.
(c) Prior to the filing for publication in the Illinois
Register of any proposed rule or amendment that may have an
adverse impact on small businesses, each agency must prepare an
economic impact analysis. The economic impact analysis shall
include the following:
(1) an identification of the types and estimate of the
number of the small businesses subject to the proposed rule
or amendment;
(2) the projected reporting, recordkeeping, and other
administrative costs required for compliance with the
proposed rule or amendment, including the type of
professional skills necessary for preparation of the
report or record;
(3) a statement of the probable positive or negative
economic effect on impacted small businesses; and
(4) a description of any less intrusive or less costly

HB5191 Enrolled - 4 - LRB096 16194 JAM 31449 b
alternative methods of achieving the purpose of the
proposed rule or amendment. The alternatives must be
consistent with the stated objectives of the applicable
statutes and the proposed rulemaking.
Before the notice period required under subsection (b) of
Section 5-40, the Secretary of State shall provide to the
Business Assistance Office of the Department of Commerce and
Economic Opportunity a copy of any proposed rules or amendments
accepted for publication. The Business Assistance Office shall
prepare an impact analysis of the rule or amendment describing
its the rule's effect on small businesses whenever the Office
believes, in its discretion, that an analysis is warranted or
whenever requested to do so by 25 interested persons, an
association representing at least 100 interested persons, the
Governor, a unit of local government, or the Joint Committee on
Administrative Rules. The impact analysis shall be completed
before or within the notice period as described in subsection
(b) of Section 5-40. Upon completion of any the analysis in
accordance with this subsection (c), the preparing agency or
the Business Assistance Office shall submit the this analysis
to the Joint Committee on Administrative Rules, to any
interested person who requested the analysis, and, if the
agency prepared the analysis, to the Business Assistance Office
agency proposing the rule. The impact analysis shall contain
the following:
This subsection does not apply to rules and standards

HB5191 Enrolled - 5 - LRB096 16194 JAM 31449 b
described in paragraphs (1) through (5) of subsection (c) of
Section 1-5.
(1) A summary of the projected reporting,
recordkeeping, and other compliance requirements of the
proposed rule.
(2) A description of the types and an estimate of the
number of small businesses to which the proposed rule will
apply.
(3) An estimate of the economic impact that the
regulation will have on the various types of small
businesses affected by the rulemaking.
(4) A description or listing of alternatives to the
proposed rule that would minimize the economic impact of
the rule. The alternatives must be consistent with the
stated objectives of the applicable statutes and
regulations.
(Source: P.A. 94-793, eff. 5-19-06.)