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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Administrative Procedure Act is | ||||||
5 | amended by changing Section 5-30 as follows:
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6 | (5 ILCS 100/5-30) (from Ch. 127, par. 1005-30)
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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:
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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
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17 | feasible in meeting the statutory objectives that are the basis | ||||||
18 | of the proposed
rulemaking.
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19 | (1) Establish less stringent compliance or reporting | ||||||
20 | requirements in
the rule for small businesses, not for | ||||||
21 | profit corporations, or small
municipalities.
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22 | (2) Establish less stringent schedules or deadlines in | ||||||
23 | the rule
for compliance or reporting requirements for small |
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1 | businesses, not for
profit corporations, or small | ||||||
2 | municipalities.
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3 | (3) Consolidate or simplify the rule's compliance or | ||||||
4 | reporting
requirements for small businesses, not for | ||||||
5 | profit corporations, or small
municipalities.
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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.
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9 | (5) Exempt small businesses, not for profit | ||||||
10 | corporations, or small
municipalities from any or all | ||||||
11 | requirements of the rule.
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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.
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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.
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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.
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1 | (3) The direct notification of interested small | ||||||
2 | businesses, not for
profit corporations, or small | ||||||
3 | municipalities.
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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.
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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.
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11 | (c) Prior to the filing of any proposed rule or amendment | ||||||
12 | that may have an adverse impact on small businesses,
each | ||||||
13 | agency must prepare, or must request that the Business | ||||||
14 | Assistance Office of the Department of Commerce and Economic | ||||||
15 | Opportunity prepare and that Office must prepare, an economic | ||||||
16 | impact analysis that includes the following: | ||||||
17 | (1) an identification and estimate of the number of the | ||||||
18 | small businesses subject to the proposed rule 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
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23 | report or record; | ||||||
24 | (3) a statement of the probable effect on impacted | ||||||
25 | small businesses; and | ||||||
26 | (4) a description of any less intrusive or less costly |
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1 | alternative methods of achieving the purpose of
the | ||||||
2 | proposed rule or amendment. | ||||||
3 | Before the notice period required under subsection (b) of | ||||||
4 | Section
5-40, the Secretary of State shall provide to the | ||||||
5 | Business Assistance
Office of the Department of Commerce and | ||||||
6 | Economic Opportunity a copy of any
proposed rules or amendments | ||||||
7 | accepted for publication. The Business
Assistance Office shall | ||||||
8 | prepare an impact analysis of the rule describing
the rule's | ||||||
9 | effect on small businesses whenever the Office believes, in its
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10 | discretion, that an analysis is warranted or whenever requested | ||||||
11 | to do so by
25 interested persons, an association representing | ||||||
12 | at least 100 interested
persons, the Governor, a unit of local | ||||||
13 | government, or the Joint Committee
on Administrative Rules. The | ||||||
14 | impact analysis shall be completed before within the
notice | ||||||
15 | period as described in subsection (b) of Section 5-40. Upon
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16 | completion of the analysis the agency
Business Assistance | ||||||
17 | Office shall submit this
analysis to the Joint Committee on | ||||||
18 | Administrative Rules, any interested
person who requested the | ||||||
19 | analysis, and , if the agency prepared the analysis, to the | ||||||
20 | Business Assistance Office
agency proposing the rule . The
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21 | impact analysis shall contain the following:
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22 | This subsection does not apply to (i) rules promulgated in | ||||||
23 | accordance with the emergency rulemaking provisions of this | ||||||
24 | Article and (ii) rules and standards described in paragraphs | ||||||
25 | (1) through (5) of subsection (c) of Section 1-5.
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26 | (1) A summary of the projected reporting, |
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1 | recordkeeping, and other
compliance requirements of the | ||||||
2 | proposed rule.
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3 | (2) A description of the types and an estimate of the | ||||||
4 | number of
small businesses to which the proposed rule will | ||||||
5 | apply.
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6 | (3) An estimate of the economic impact that the | ||||||
7 | regulation will have on
the various types of small | ||||||
8 | businesses affected by the rulemaking.
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9 | (4) A description or listing of alternatives to the | ||||||
10 | proposed rule
that would minimize the economic impact of | ||||||
11 | the rule. The alternatives must
be consistent with the | ||||||
12 | stated objectives of the applicable statutes and
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13 | regulations.
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14 | (Source: P.A. 94-793, eff. 5-19-06.)
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