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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 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
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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 |
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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
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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
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24 | agency proposing the rule . The
impact analysis shall contain | ||||||
25 | the following:
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26 | This subsection does not apply to rules and standards |
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1 | described in paragraphs (1) through (5) of subsection (c) of | ||||||
2 | Section 1-5.
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3 | (1) A summary of the projected reporting, | ||||||
4 | recordkeeping, and other
compliance requirements of the | ||||||
5 | proposed rule.
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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.
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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.
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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
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16 | regulations.
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17 | (Source: P.A. 94-793, eff. 5-19-06.)
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