Rep. Mike Fortner
Filed: 3/23/2010
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1 | AMENDMENT TO HOUSE BILL 5191
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2 | AMENDMENT NO. ______. Amend House Bill 5191, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Administrative Procedure Act is | ||||||
6 | amended by changing Section 5-30 as follows:
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7 | (5 ILCS 100/5-30) (from Ch. 127, par. 1005-30)
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8 | Sec. 5-30. Regulatory flexibility. When an agency proposes | ||||||
9 | a new rule or
an amendment to an existing rule that may have an | ||||||
10 | impact on small businesses,
not for profit corporations, or | ||||||
11 | small municipalities, the agency shall do each
of the | ||||||
12 | following:
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13 | (a) The agency shall consider each of the following methods | ||||||
14 | for reducing
the impact of the rulemaking on small businesses, | ||||||
15 | not for profit corporations,
or small municipalities. The | ||||||
16 | agency shall reduce the impact by utilizing one or
more of the |
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1 | following methods if it finds that the methods are legal and
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2 | feasible in meeting the statutory objectives that are the basis | ||||||
3 | of the proposed
rulemaking.
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4 | (1) Establish less stringent compliance or reporting | ||||||
5 | requirements in
the rule for small businesses, not for | ||||||
6 | profit corporations, or small
municipalities.
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7 | (2) Establish less stringent schedules or deadlines in | ||||||
8 | the rule
for compliance or reporting requirements for small | ||||||
9 | businesses, not for
profit corporations, or small | ||||||
10 | municipalities.
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11 | (3) Consolidate or simplify the rule's compliance or | ||||||
12 | reporting
requirements for small businesses, not for | ||||||
13 | profit corporations, or small
municipalities.
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14 | (4) Establish performance standards to replace design | ||||||
15 | or operational
standards in the rule for small businesses, | ||||||
16 | not for profit corporations, or
small municipalities.
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17 | (5) Exempt small businesses, not for profit | ||||||
18 | corporations, or small
municipalities from any or all | ||||||
19 | requirements of the rule.
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20 | (b) Before or during the notice period required under | ||||||
21 | subsection (b)
of Section 5-40, the agency shall provide an | ||||||
22 | opportunity for small
businesses, not for profit corporations, | ||||||
23 | or small municipalities to
participate in the rulemaking | ||||||
24 | process. The agency shall utilize one or
more of the following | ||||||
25 | techniques. These techniques are in addition to
other | ||||||
26 | rulemaking requirements imposed by this Act or by any other |
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1 | Act.
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2 | (1) The inclusion in any advance notice of possible | ||||||
3 | rulemaking
of a statement that the rule may have an impact | ||||||
4 | on small businesses, not
for profit corporations, or small | ||||||
5 | municipalities.
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6 | (2) The publication of a notice of rulemaking in | ||||||
7 | publications likely to
be obtained by small businesses, not | ||||||
8 | for profit corporations, or small
municipalities.
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9 | (3) The direct notification of interested small | ||||||
10 | businesses, not for
profit corporations, or small | ||||||
11 | municipalities.
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12 | (4) The conduct of public hearings concerning the | ||||||
13 | impact of the rule on
small businesses, not for profit | ||||||
14 | corporations, or small municipalities.
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15 | (5) The use of special hearing or comment procedures to | ||||||
16 | reduce the cost
or complexity of participation in the | ||||||
17 | rulemaking by small businesses, not
for profit | ||||||
18 | corporations, or small municipalities.
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19 | (c) Prior to the filing of any proposed rule or amendment | ||||||
20 | that may have an adverse impact on small businesses,
each | ||||||
21 | agency must prepare, or must request that the Business | ||||||
22 | Assistance Office of the Department of Commerce and Economic | ||||||
23 | Opportunity prepare and that Office must prepare, an economic | ||||||
24 | impact analysis that includes the following: | ||||||
25 | (1) an identification and estimate of the number of the | ||||||
26 | small businesses subject to the proposed rule or amendment; |
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1 | (2) the projected reporting, recordkeeping, and other | ||||||
2 | administrative costs required for compliance
with the | ||||||
3 | proposed rule or amendment, including the type of | ||||||
4 | professional skills necessary for preparation of the
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5 | report or record; | ||||||
6 | (3) a statement of the probable effect on impacted | ||||||
7 | small businesses; and | ||||||
8 | (4) a description of any less intrusive or less costly | ||||||
9 | alternative methods of achieving the purpose of
the | ||||||
10 | proposed rule or amendment. | ||||||
11 | Before the notice period required under subsection (b) of | ||||||
12 | Section
5-40, the Secretary of State shall provide to the | ||||||
13 | Business Assistance
Office of the Department of Commerce and | ||||||
14 | Economic Opportunity a copy of any
proposed rules or amendments | ||||||
15 | accepted for publication. The Business
Assistance Office shall | ||||||
16 | prepare an impact analysis of the rule describing
the rule's | ||||||
17 | effect on small businesses whenever the Office believes, in its
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18 | discretion, that an analysis is warranted or whenever requested | ||||||
19 | to do so by
25 interested persons, an association representing | ||||||
20 | at least 100 interested
persons, the Governor, a unit of local | ||||||
21 | government, or the Joint Committee
on Administrative Rules. The | ||||||
22 | impact analysis shall be completed before within the
notice | ||||||
23 | period as described in subsection (b) of Section 5-40. Upon
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24 | completion of the analysis the agency
Business Assistance | ||||||
25 | Office shall submit this
analysis to the Joint Committee on | ||||||
26 | Administrative Rules, any interested
person who requested the |
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1 | analysis, and , if the agency prepared the analysis, to the | ||||||
2 | Business Assistance Office
agency proposing the rule . The
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3 | impact analysis shall contain the following:
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4 | This subsection does not apply to (i) rules promulgated in | ||||||
5 | accordance with the emergency rulemaking provisions of this | ||||||
6 | Article and (ii) rules and standards described in paragraphs | ||||||
7 | (1) through (5) of subsection (c) of Section 1-5.
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8 | (1) A summary of the projected reporting, | ||||||
9 | recordkeeping, and other
compliance requirements of the | ||||||
10 | proposed rule.
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11 | (2) A description of the types and an estimate of the | ||||||
12 | number of
small businesses to which the proposed rule will | ||||||
13 | apply.
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14 | (3) An estimate of the economic impact that the | ||||||
15 | regulation will have on
the various types of small | ||||||
16 | businesses affected by the rulemaking.
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17 | (4) A description or listing of alternatives to the | ||||||
18 | proposed rule
that would minimize the economic impact of | ||||||
19 | the rule. The alternatives must
be consistent with the | ||||||
20 | stated objectives of the applicable statutes and
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21 | regulations.
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22 | (Source: P.A. 94-793, eff. 5-19-06.)".
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