HB5388 94TH GENERAL ASSEMBLY

LRB094 19273 JAM 54908 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5388

Introduced 01/27/06, by Rep. Carolyn H. Krause

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-30	from Ch. 127, par. 1005-30
5 ILCS 100/5-130	from Ch. 127, par. 1005-130
5 ILCS 100/5-170 new

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. Authorizes judicial review of agency rules for small businesses.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Sections 5-30 and 5-130 and by adding Section 5-170 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 adoption of any proposed rule or amendment that may have an adverse impact on small businesses, each agency shall prepare an economic impact analysis that includes the following:

(1) an identification 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 effect on impacted small businesses; and

(4) A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule or amendment. 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 Community Affairs a copy of any proposed rules or amendments accepted for publication. The Business Assistance Office shall prepare an impact analysis of the rule describing 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 within the notice period as described in subsection (b) of Section 5-40. Upon completion of the analysis the agency Business Assistance Office shall submit this analysis to the Joint Committee on Administrative Rules, any interested person who requested the analysis, and the Business Assistance Office of the Department of Commerce and Economic Opportunity agency proposing the rule. The impact analysis shall contain the following:

(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. 87-823; 88-667, eff. 9-16-94; revised 12-6-03.)

(5 ILCS 100/5-130) (from Ch. 127, par. 1005-130)

Sec. 5-130. Periodic review of existing rules.

(a) The Joint Committee shall evaluate the rules of each agency at least once every 5 years. The Joint Committee by rule shall develop a schedule for this periodic evaluation. In developing this schedule the Joint Committee shall group rules by specified areas to assure the evaluation of similar rules at the same time. The schedule shall include at least the following categories:

(1) Human resources.

(2) Law enforcement.

(3) Energy.

(4) Environment.

(5) Natural resources.

(6) Transportation.

(7) Public utilities.

(8) Consumer protection.

(9) Licensing laws.

(10) Regulation of occupations.

(11) Labor laws.

(12) Business regulation.

(13) Financial institutions.

(14) Government purchasing.

(b) When evaluating rules under this Section, the Joint Committee's review shall include an examination of the following:

(1) Organizational, structural, and procedural reforms that affect rules or rulemaking.

(2) Merger, modification, establishment, or abolition of regulations.

(3) Eliminating or phasing out outdated, overlapping, or conflicting regulatory jurisdictions or requirements of general applicability.

(4) Economic and budgetary effects.

(c) Within 4 years of the effective date of this amendatory Act of the 94th General Assembly, each agency shall review all agency rules existing at the time of enactment to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of those statutes, to minimize economic impact of the rules on small businesses in a manner consistent with the stated objective of applicable statutes. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the agency shall publish a statement certifying that determination. The agency may extend the completion date by one year at a time for a total of not more than 5 years.

Rules adopted after the effective date of this amendatory Act of the 94th General Assembly should be reviewed every 5 years after the publication of such rules as the final rule to ensure that they minimize economic impact on small businesses in a manner consistent with the stated objectives of applicable statutes.

In reviewing rules to minimize economic impact of the rule on small businesses, the agency shall consider the following factors:

(1) the continued need for the rule;

(2) the nature of complaints or comments received concerning the rule from the public;

(3) the complexity of the rule;

(4) the extent to which the rule overlaps, duplicates, or conflicts with other federal, State, and local governmental rules; and

(5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.

(Source: P.A. 87-823; 88-667, eff. 9-16-94.)

(5 ILCS 100/5-170 new)

Sec. 5-170. Judicial review.

(a) For any rule subject to this Act, a small business that is adversely affected or aggrieved by final agency action is entitled to judicial review of agency compliance with the requirements of this Act.

(b) A small business may seek such review during the period beginning on the date of final agency action and ending one year later.