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Public Act 100-0688
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| HB5253 Enrolled | LRB100 17050 RJF 32201 b |
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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 |
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 |
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:
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(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
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rulemaking.
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(1) Establish less stringent compliance or |
reporting requirements in
the rule for small |
businesses, not for profit corporations, or small
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municipalities.
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(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.
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(3) Consolidate or simplify the rule's compliance |
or reporting
requirements for small businesses, not |
for profit corporations, or small
municipalities.
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(4) Establish performance standards to replace |
design or operational
standards in the rule for small |
businesses, not for profit corporations, or
small |
municipalities.
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(5) Exempt small businesses, not for profit |
corporations, or small
municipalities from any or all |
requirements of the rule.
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(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
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more of the following techniques. These techniques are in |
addition to
other rulemaking requirements imposed by this |
Act or by any other Act.
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(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.
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(2) The publication of a notice of rulemaking in |
publications likely to
be obtained by small |
businesses, not for profit corporations, or small
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municipalities.
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(3) The direct notification of interested small |
businesses, not for
profit corporations, or small |
municipalities.
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(4) The conduct of public hearings concerning the |
impact of the rule on
small businesses, not for profit |
corporations, or small municipalities.
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(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.
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(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 |
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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 |
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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
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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
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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 |
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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
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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
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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
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person who requested the analysis, and, if the agency |
prepared the analysis, to the Business Assistance Office.
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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 |