Sen. J. Bradley Burzynski

Filed: 4/28/2010

 

 


 

 


 
09600HB5191sam001 LRB096 16194 JAM 40709 a

1
AMENDMENT TO HOUSE BILL 5191

2     AMENDMENT NO. ______. Amend House Bill 5191 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Sections 5-30 and 5-130 as follows:
 
6     (5 ILCS 100/5-30)  (from Ch. 127, par. 1005-30)
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:
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

 

 

09600HB5191sam001 - 2 - LRB096 16194 JAM 40709 a

1 feasible in meeting the statutory objectives that are the basis
2 of the proposed rulemaking.
3         (1) Establish less stringent compliance or reporting
4     requirements in the rule for small businesses, not for
5     profit corporations, or small municipalities.
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.
10         (3) Consolidate or simplify the rule's compliance or
11     reporting requirements for small businesses, not for
12     profit corporations, or small municipalities.
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.
16         (5) Exempt small businesses, not for profit
17     corporations, or small municipalities from any or all
18     requirements of the rule.
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.

 

 

09600HB5191sam001 - 3 - LRB096 16194 JAM 40709 a

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.
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.
8         (3) The direct notification of interested small
9     businesses, not for profit corporations, or small
10     municipalities.
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.
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.
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:

 

 

09600HB5191sam001 - 4 - LRB096 16194 JAM 40709 a

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
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
26 persons, the Governor, a unit of local government, or the Joint

 

 

09600HB5191sam001 - 5 - LRB096 16194 JAM 40709 a

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
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
9 agency proposing the rule. The impact analysis shall contain
10 the following:
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.
14         (1) A summary of the projected reporting,
15     recordkeeping, and other compliance requirements of the
16     proposed rule.
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.
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.
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

 

 

09600HB5191sam001 - 6 - LRB096 16194 JAM 40709 a

1     regulations.
2 (Source: P.A. 94-793, eff. 5-19-06.)".