Public Act 100-0688
HB5253 EnrolledLRB100 17050 RJF 32201 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 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.
(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 which shall be filed
with the proposed rule and publicized in the Illinois
Register together with the proposed rule. The economic
impact analysis shall include the following:
(1) An an identification of the types and estimate
of the number of the small businesses subject to the
proposed rule or amendment. The agency shall identify
the types of businesses subject to the proposed rule
using the following 2-digit codes from the North
American Industry Classification System (NAICS):
11 Agriculture, Forestry, Fishing and Hunting.
21 Mining.
22 Utilities.
23 Construction.
31-33 Manufacturing.
42 Wholesale Trade.
44-45 Retail Trade.
48-49 Transportation and Warehousing.
51 Information.
52 Finance and Insurance.
53 Real Estate Rental and Leasing.
54 Professional, Scientific, and Technical
Services.
55 Management of Companies and Enterprises.
56 Administrative and Support and Waste
Management and Remediation Services.
61 Educational Services.
62 Health Care and Social Assistance.
71 Arts, Entertainment, and Recreation.
72 Accommodation and Food Services.
81 Other Services (except Public
Administration).
92 Public Administration.
The agency shall also identify the impact of the
proposed rule by identifying as many of the following
categories that the agency reasonably believes the
proposed rule will impact:
A. Hiring and additional staffing.
B. Regulatory requirements.
C. Purchasing.
D. Insurance changes.
E. Licensing fees.
F. Equipment and material needs.
G. Training requirements.
H. Record keeping.
I. Compensation and benefits.
J. Other potential impacted categories. ;
(2) The 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 a statement of the probable positive or
negative economic effect on impacted small businesses.
; and
(4) A a description of any less intrusive or less
costly 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.
The Department of Commerce and Economic Opportunity
shall place notification of all proposed rules affecting
small business on its website. The notification shall
include the information provided by the agency under this
subsection (c) together with the summary of the proposed
rule published by the Joint Committee on Administrative
Rules in the Flinn Report.
The Business Assistance Office shall prepare an impact
analysis of the rule or amendment describing its 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 analysis in accordance with this
subsection (c), the preparing agency or the Business
Assistance Office shall submit the 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.
For purposes of this subsection (c), "small business"
means a business with fewer than 50 full-time employees or
less than $4,000,000 in gross annual sales.
This subsection does not apply to rules and standards
described in paragraphs (1) through (5) of subsection (c)
of Section 1-5.
(Source: P.A. 96-1448, eff. 1-1-11.)