Sen. J. Bradley Burzynski
Filed: 4/28/2010
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1 | AMENDMENT TO HOUSE BILL 5191
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2 | AMENDMENT NO. ______. Amend House Bill 5191 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Administrative Procedure Act is | ||||||
5 | amended by changing Sections 5-30 and 5-130 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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1 | feasible in meeting the statutory objectives that are the basis | ||||||
2 | of the proposed
rulemaking.
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3 | (1) Establish less stringent compliance or reporting | ||||||
4 | requirements in
the rule for small businesses, not for | ||||||
5 | profit corporations, or small
municipalities.
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6 | (2) Establish less stringent schedules or deadlines in | ||||||
7 | the rule
for compliance or reporting requirements for small | ||||||
8 | businesses, not for
profit corporations, or small | ||||||
9 | municipalities.
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10 | (3) Consolidate or simplify the rule's compliance or | ||||||
11 | reporting
requirements for small businesses, not for | ||||||
12 | profit corporations, or small
municipalities.
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13 | (4) Establish performance standards to replace design | ||||||
14 | or operational
standards in the rule for small businesses, | ||||||
15 | not for profit corporations, or
small municipalities.
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16 | (5) Exempt small businesses, not for profit | ||||||
17 | corporations, or small
municipalities from any or all | ||||||
18 | requirements of the rule.
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19 | (b) Before or during the notice period required under | ||||||
20 | subsection (b)
of Section 5-40, the agency shall provide an | ||||||
21 | opportunity for small
businesses, not for profit corporations, | ||||||
22 | or small municipalities to
participate in the rulemaking | ||||||
23 | process. The agency shall utilize one or
more of the following | ||||||
24 | techniques. These techniques are in addition to
other | ||||||
25 | rulemaking requirements imposed by this Act or by any other | ||||||
26 | Act.
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1 | (1) The inclusion in any advance notice of possible | ||||||
2 | rulemaking
of a statement that the rule may have an impact | ||||||
3 | on small businesses, not
for profit corporations, or small | ||||||
4 | municipalities.
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5 | (2) The publication of a notice of rulemaking in | ||||||
6 | publications likely to
be obtained by small businesses, not | ||||||
7 | for profit corporations, or small
municipalities.
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8 | (3) The direct notification of interested small | ||||||
9 | businesses, not for
profit corporations, or small | ||||||
10 | municipalities.
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11 | (4) The conduct of public hearings concerning the | ||||||
12 | impact of the rule on
small businesses, not for profit | ||||||
13 | corporations, or small municipalities.
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14 | (5) The use of special hearing or comment procedures to | ||||||
15 | reduce the cost
or complexity of participation in the | ||||||
16 | rulemaking by small businesses, not
for profit | ||||||
17 | corporations, or small municipalities.
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18 | (c) Prior to the filing for publication in the Illinois | ||||||
19 | Register of any proposed rule or amendment that may have an | ||||||
20 | adverse impact on small businesses,
each agency must prepare, | ||||||
21 | or must request that the Business Assistance Office of the | ||||||
22 | Department of Commerce and Economic Opportunity prepare, an | ||||||
23 | economic impact analysis. If requested to do so by an agency, | ||||||
24 | the Business Assistance Office shall prepare the economic | ||||||
25 | impact analysis within 30 days. The economic impact analysis | ||||||
26 | shall include
the following: |
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1 | (1) an identification of the types and estimate of the | ||||||
2 | number of the small businesses subject to the proposed rule | ||||||
3 | or amendment; | ||||||
4 | (2) the projected reporting, recordkeeping, and other | ||||||
5 | administrative costs required for compliance
with the | ||||||
6 | proposed rule or amendment, including the type of | ||||||
7 | professional skills necessary for preparation of the
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8 | report or record; | ||||||
9 | (3) a statement of the probable positive or negative | ||||||
10 | economic effect on impacted small businesses; and | ||||||
11 | (4) a description of any less intrusive or less costly | ||||||
12 | alternative methods of achieving the purpose of
the | ||||||
13 | proposed rule or amendment. The alternatives must be | ||||||
14 | consistent with the stated objectives of the applicable | ||||||
15 | statutes and the proposed rulemaking. | ||||||
16 | Before the notice period required under subsection (b) of | ||||||
17 | Section
5-40, the Secretary of State shall provide to the | ||||||
18 | Business Assistance
Office of the Department of Commerce and | ||||||
19 | Economic Opportunity a copy of any
proposed rules or amendments | ||||||
20 | accepted for publication. The Business
Assistance Office also | ||||||
21 | shall prepare an impact analysis of the rule or amendment | ||||||
22 | describing
its the rule's effect on small businesses whenever | ||||||
23 | the Office believes, in its
discretion, that an analysis is | ||||||
24 | warranted or whenever requested to do so by
25 interested | ||||||
25 | persons, an association representing at least 100 interested
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26 | persons, the Governor, a unit of local government, or the Joint |
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1 | Committee
on Administrative Rules. The impact analysis shall be | ||||||
2 | completed before or within the
notice period as described in | ||||||
3 | subsection (b) of Section 5-40. Upon
completion of any the | ||||||
4 | analysis in accordance with this subsection (c), the preparing | ||||||
5 | agency or the Business Assistance Office shall submit the this
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6 | analysis to the Joint Committee on Administrative Rules, to any | ||||||
7 | interested
person who requested the analysis, and , if the | ||||||
8 | agency prepared the analysis, to the Business Assistance Office
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9 | agency proposing the rule . The
impact analysis shall contain | ||||||
10 | the following:
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11 | This subsection does not apply to rules and standards | ||||||
12 | described in paragraphs (1) through (5) of subsection (c) of | ||||||
13 | Section 1-5.
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14 | (1) A summary of the projected reporting, | ||||||
15 | recordkeeping, and other
compliance requirements of the | ||||||
16 | proposed rule.
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17 | (2) A description of the types and an estimate of the | ||||||
18 | number of
small businesses to which the proposed rule will | ||||||
19 | apply.
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20 | (3) An estimate of the economic impact that the | ||||||
21 | regulation will have on
the various types of small | ||||||
22 | businesses affected by the rulemaking.
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23 | (4) A description or listing of alternatives to the | ||||||
24 | proposed rule
that would minimize the economic impact of | ||||||
25 | the rule. The alternatives must
be consistent with the | ||||||
26 | stated objectives of the applicable statutes and
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1 | regulations.
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2 | (Source: P.A. 94-793, eff. 5-19-06.)".
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