Full Text of HB5191 96th General Assembly
HB5191sam001 96TH GENERAL ASSEMBLY
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Sen. J. Bradley Burzynski
Filed: 4/28/2010
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| AMENDMENT TO HOUSE BILL 5191
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| AMENDMENT NO. ______. Amend House Bill 5191 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Administrative Procedure Act is | 5 |
| amended by changing Sections 5-30 and 5-130 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 | 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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| (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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| feasible in meeting the statutory objectives that are the basis | 2 |
| of the proposed
rulemaking.
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| (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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| (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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| (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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| (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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| (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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| (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) 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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| (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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| (3) The direct notification of interested small | 9 |
| businesses, not for
profit corporations, or small | 10 |
| municipalities.
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| (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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| (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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| (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) 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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| 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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| persons, the Governor, a unit of local government, or the Joint |
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| 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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| 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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| agency proposing the rule . The
impact analysis shall contain | 10 |
| the following:
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| 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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| (1) A summary of the projected reporting, | 15 |
| recordkeeping, and other
compliance requirements of the | 16 |
| proposed rule.
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| (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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| (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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| (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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| regulations.
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| (Source: P.A. 94-793, eff. 5-19-06.)".
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