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| Public Act 096-1448 | ||||
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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
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feasible in meeting the statutory objectives that are the basis | ||||
of the proposed
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
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
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
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. The economic impact analysis shall | ||
include
the following: | ||
(1) an identification of the types and estimate of the | ||
number of the small businesses subject to the proposed rule | ||
or amendment; | ||
(2) the projected reporting, recordkeeping, and other | ||
administrative costs required for compliance
with the | ||
proposed rule or amendment, including the type of | ||
professional skills necessary for preparation of the
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report or record; | ||
(3) a statement of the probable positive or negative | ||
economic effect on impacted small businesses; and | ||
(4) a description of any less intrusive or less costly | ||
alternative methods of achieving the purpose of
the | ||
proposed rule or amendment. The alternatives must be | ||
consistent with the stated objectives of the applicable | ||
statutes and the proposed rulemaking. | ||
Before the notice period required under subsection (b) of | ||
Section
5-40, the Secretary of State shall provide to the | ||
Business Assistance
Office of the Department of Commerce and | ||
Economic Opportunity a copy of any
proposed rules or amendments | ||
accepted for publication. The Business
Assistance Office shall | ||
prepare an impact analysis of the rule or amendment describing
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its the rule's effect on small businesses whenever the Office | ||
believes, in its
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
completion of any the analysis in | ||
accordance with this subsection (c), the preparing agency or | ||
the Business Assistance Office shall submit the this
analysis | ||
to the Joint Committee on Administrative Rules, to any | ||
interested
person who requested the analysis, and, if the | ||
agency prepared the analysis, to the Business Assistance Office
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agency proposing the rule. The
impact analysis shall contain | ||
the following:
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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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(1) A summary of the projected reporting, | ||
recordkeeping, and other
compliance requirements of the | ||
proposed rule.
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(2) A description of the types and an estimate of the | ||
number of
small businesses to which the proposed rule will | ||
apply.
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(3) An estimate of the economic impact that the | ||
regulation will have on
the various types of small | ||
businesses affected by the rulemaking.
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(4) A description or listing of alternatives to the | ||
proposed rule
that would minimize the economic impact of | ||
the rule. The alternatives must
be consistent with the | ||
stated objectives of the applicable statutes and
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regulations.
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(Source: P.A. 94-793, eff. 5-19-06.)
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