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
|
|||||||
| |||||||
| |||||||
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 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
| ||||||
17 | feasible in meeting the statutory objectives that are the basis | ||||||
18 | of the proposed
rulemaking.
| ||||||
19 | (1) Establish less stringent compliance or reporting | ||||||
20 | requirements in
the rule for small businesses, not for | ||||||
21 | profit corporations, or small
municipalities.
| ||||||
22 | (2) Establish less stringent schedules or deadlines in | ||||||
23 | the rule
for compliance or reporting requirements for small |
| |||||||
| |||||||
1 | businesses, not for
profit corporations, or small | ||||||
2 | municipalities.
| ||||||
3 | (3) Consolidate or simplify the rule's compliance or | ||||||
4 | reporting
requirements for small businesses, not for | ||||||
5 | profit corporations, or small
municipalities.
| ||||||
6 | (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.
| ||||||
9 | (5) Exempt small businesses, not for profit | ||||||
10 | corporations, or small
municipalities from any or all | ||||||
11 | requirements of the rule.
| ||||||
12 | (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.
| ||||||
20 | (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.
| ||||||
24 | (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.
|
| |||||||
| |||||||
1 | (3) The direct notification of interested small | ||||||
2 | businesses, not for
profit corporations, or small | ||||||
3 | municipalities.
| ||||||
4 | (4) The conduct of public hearings concerning the | ||||||
5 | impact of the rule on
small businesses, not for profit | ||||||
6 | corporations, or small municipalities.
| ||||||
7 | (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.
| ||||||
11 | (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
| ||||||
23 | 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 |
| |||||||
| |||||||
1 | 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
| ||||||
11 | 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
| ||||||
24 | agency proposing the rule . The
impact analysis shall contain | ||||||
25 | the following:
| ||||||
26 | This subsection does not apply to rules and standards |
| |||||||
| |||||||
1 | described in paragraphs (1) through (5) of subsection (c) of | ||||||
2 | Section 1-5.
| ||||||
3 | (1) A summary of the projected reporting, | ||||||
4 | recordkeeping, and other
compliance requirements of the | ||||||
5 | proposed rule.
| ||||||
6 | (2) A description of the types and an estimate of the | ||||||
7 | number of
small businesses to which the proposed rule will | ||||||
8 | apply.
| ||||||
9 | (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.
| ||||||
12 | (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
| ||||||
16 | regulations.
| ||||||
17 | (Source: P.A. 94-793, eff. 5-19-06.)
|