Full Text of HB5191 96th General Assembly
HB5191ham002 96TH GENERAL ASSEMBLY
|
Rep. Mike Fortner
Filed: 3/23/2010
|
|
09600HB5191ham002 |
|
LRB096 16194 JAM 39385 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 5191
| 2 |
| AMENDMENT NO. ______. Amend House Bill 5191, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 5. The Illinois Administrative Procedure Act is | 6 |
| amended by changing Section 5-30 as follows:
| 7 |
| (5 ILCS 100/5-30) (from Ch. 127, par. 1005-30)
| 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:
| 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 |
|
|
|
09600HB5191ham002 |
- 2 - |
LRB096 16194 JAM 39385 a |
|
| 1 |
| following methods if it finds that the methods are legal and
| 2 |
| feasible in meeting the statutory objectives that are the basis | 3 |
| of the proposed
rulemaking.
| 4 |
| (1) Establish less stringent compliance or reporting | 5 |
| requirements in
the rule for small businesses, not for | 6 |
| profit corporations, or small
municipalities.
| 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.
| 11 |
| (3) Consolidate or simplify the rule's compliance or | 12 |
| reporting
requirements for small businesses, not for | 13 |
| profit corporations, or small
municipalities.
| 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.
| 17 |
| (5) Exempt small businesses, not for profit | 18 |
| corporations, or small
municipalities from any or all | 19 |
| requirements of the rule.
| 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 |
|
|
|
09600HB5191ham002 |
- 3 - |
LRB096 16194 JAM 39385 a |
|
| 1 |
| Act.
| 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.
| 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.
| 9 |
| (3) The direct notification of interested small | 10 |
| businesses, not for
profit corporations, or small | 11 |
| municipalities.
| 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.
| 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.
| 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; |
|
|
|
09600HB5191ham002 |
- 4 - |
LRB096 16194 JAM 39385 a |
|
| 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
| 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
| 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
| 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 |
|
|
|
09600HB5191ham002 |
- 5 - |
LRB096 16194 JAM 39385 a |
|
| 1 |
| analysis, and , if the agency prepared the analysis, to the | 2 |
| Business Assistance Office
agency proposing the rule . The
| 3 |
| impact analysis shall contain the following:
| 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.
| 8 |
| (1) A summary of the projected reporting, | 9 |
| recordkeeping, and other
compliance requirements of the | 10 |
| proposed rule.
| 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.
| 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.
| 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
| 21 |
| regulations.
| 22 |
| (Source: P.A. 94-793, eff. 5-19-06.)".
|
|