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| Public Act 100-0688 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Administrative Procedure Act is | ||||
amended by changing Section 5-30 as follows:
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(5 ILCS 100/5-30) (from Ch. 127, par. 1005-30)
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Sec. 5-30. Regulatory flexibility. When an agency proposes | ||||
a new rule or
an amendment to an existing rule that may have an | ||||
impact on small businesses,
not for profit corporations, or | ||||
small municipalities, the agency shall do each
of the | ||||
following:
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(a) The agency shall consider each of the following | ||||
methods for reducing
the impact of the rulemaking on small | ||||
businesses, not for profit corporations,
or small | ||||
municipalities. The agency shall reduce the impact by | ||||
utilizing one or
more of the following methods if it finds | ||||
that the methods are legal and
feasible in meeting the | ||||
statutory objectives that are the basis of the proposed
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rulemaking.
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(1) Establish less stringent compliance or | ||||
reporting requirements in
the rule for small | ||||
businesses, not for profit corporations, or small
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municipalities.
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(2) Establish less stringent schedules or | ||
deadlines in the rule
for compliance or reporting | ||
requirements for small businesses, not for
profit | ||
corporations, or small municipalities.
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(3) Consolidate or simplify the rule's compliance | ||
or reporting
requirements for small businesses, not | ||
for profit corporations, or small
municipalities.
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(4) Establish performance standards to replace | ||
design or operational
standards in the rule for small | ||
businesses, not for profit corporations, or
small | ||
municipalities.
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(5) Exempt small businesses, not for profit | ||
corporations, or small
municipalities from any or all | ||
requirements of the rule.
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(b) Before or during the notice period required under | ||
subsection (b)
of Section 5-40, the agency shall provide an | ||
opportunity for small
businesses, not for profit | ||
corporations, or small municipalities to
participate in | ||
the rulemaking process. The agency shall utilize one or
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more of the following techniques. These techniques are in | ||
addition to
other rulemaking requirements imposed by this | ||
Act or by any other Act.
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(1) The inclusion in any advance notice of possible | ||
rulemaking
of a statement that the rule may have an | ||
impact on small businesses, not
for profit | ||
corporations, or small municipalities.
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(2) The publication of a notice of rulemaking in | ||
publications likely to
be obtained by small | ||
businesses, not for profit corporations, or small
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municipalities.
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(3) The direct notification of interested small | ||
businesses, not for
profit corporations, or small | ||
municipalities.
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(4) The conduct of public hearings concerning the | ||
impact of the rule on
small businesses, not for profit | ||
corporations, or small municipalities.
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(5) The use of special hearing or comment | ||
procedures to reduce the cost
or complexity of | ||
participation in the rulemaking by small businesses, | ||
not
for profit corporations, or small municipalities.
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(c) Prior to the filing for publication in the Illinois | ||
Register of any proposed rule or amendment that may have an | ||
adverse impact on small businesses,
each agency must | ||
prepare an economic impact analysis which shall be filed | ||
with the proposed rule and publicized in the Illinois | ||
Register together with the proposed rule. The economic | ||
impact analysis shall include
the following: | ||
(1) An an identification of the types and estimate | ||
of the number of the small businesses subject to the | ||
proposed rule or amendment. The agency shall identify | ||
the types of businesses subject to the proposed rule | ||
using the following 2-digit codes from the North | ||
American Industry Classification System (NAICS): | ||
11 Agriculture, Forestry, Fishing and Hunting. | ||
21 Mining. | ||
22 Utilities. | ||
23 Construction. | ||
31-33 Manufacturing. | ||
42 Wholesale Trade. | ||
44-45 Retail Trade. | ||
48-49 Transportation and Warehousing. | ||
51 Information. | ||
52 Finance and Insurance. | ||
53 Real Estate Rental and Leasing. | ||
54 Professional, Scientific, and Technical | ||
Services. | ||
55 Management of Companies and Enterprises. | ||
56 Administrative and Support and Waste | ||
Management and Remediation Services. | ||
61 Educational Services. | ||
62 Health Care and Social Assistance. | ||
71 Arts, Entertainment, and Recreation. | ||
72 Accommodation and Food Services. | ||
81 Other Services (except Public | ||
Administration). | ||
92 Public Administration. | ||
The agency shall also identify the impact of the | ||
proposed rule by identifying as many of the following | ||
categories that the agency reasonably believes the | ||
proposed rule will impact: | ||
A. Hiring and additional staffing. | ||
B. Regulatory requirements. | ||
C. Purchasing. | ||
D. Insurance changes. | ||
E. Licensing fees. | ||
F. Equipment and material needs. | ||
G. Training requirements. | ||
H. Record keeping. | ||
I. Compensation and benefits. | ||
J. Other potential impacted categories. ; | ||
(2) The the projected reporting, recordkeeping, | ||
and other administrative costs required for compliance
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with the proposed rule or amendment, including the type | ||
of professional skills necessary for preparation of | ||
the
report or record. ; | ||
(3) A a statement of the probable positive or | ||
negative economic effect on impacted small businesses. | ||
; and | ||
(4) A a description of any less intrusive or less | ||
costly alternative methods of achieving the purpose of
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the proposed rule or amendment. The alternatives must | ||
be consistent with the stated objectives of the | ||
applicable statutes and the proposed rulemaking. | ||
The Department of Commerce and Economic Opportunity | ||
shall place notification of all proposed rules affecting | ||
small business on its website. The notification shall | ||
include the information provided by the agency under this | ||
subsection (c) together with the summary of the proposed | ||
rule published by the Joint Committee on Administrative | ||
Rules in the Flinn Report. | ||
The Business
Assistance Office shall prepare an impact | ||
analysis of the rule or amendment describing
its effect on | ||
small businesses whenever the Office believes, in its
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discretion, that an analysis is warranted or whenever | ||
requested to do so by
25 interested persons, an association | ||
representing at least 100 interested
persons, the | ||
Governor, a unit of local government, or the Joint | ||
Committee
on Administrative Rules. The impact analysis | ||
shall be completed before or within the
notice period as | ||
described in subsection (b) of Section 5-40. Upon
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completion of any analysis in accordance with this | ||
subsection (c), the preparing agency or the Business | ||
Assistance Office shall submit the
analysis to the Joint | ||
Committee on Administrative Rules, to any interested
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person who requested the analysis, and, if the agency | ||
prepared the analysis, to the Business Assistance Office.
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For purposes of this subsection (c), "small business" | ||
means a business with fewer than 50 full-time employees or | ||
less than $4,000,000 in gross annual sales. | ||
This subsection does not apply to rules and standards | ||
described in paragraphs (1) through (5) of subsection (c) | ||
of Section 1-5.
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(Source: P.A. 96-1448, eff. 1-1-11.)
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