Full Text of HB5253 100th General Assembly
HB5253 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5253 Introduced , by Rep. Carol Sente SYNOPSIS AS INTRODUCED: |
| 5 ILCS 100/5-30 | from Ch. 127, par. 1005-30 |
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Amends the Illinois Administrative Procedure Act. Modifies the provisions requiring State agencies to issue an economic impact analysis when proposing new rules or amendments to rules that affect small businesses. Provides, among other requirements, that the economic impact analysis shall include: (1) a list of the industries that will have to comply with the proposed rule or amendment; (2) a statement of the impact on small businesses having less than 100 employees, and comparing specified cost factors; and (3) a description of the actions taken by the State agency to mitigate the costs to small businesses created by the proposed rule or amendment, and a description of the involvement of small business advocates in the development of the proposed rule or amendment. Provides that when any rule or amendment to an existing rule is proposed for which a small business economic impact analysis is required, the adopting State agency must provide notice to affected small businesses of the proposed rule through specified means. Makes conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by changing Section 5-30 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 | 13 | | methods for reducing
the impact of the rulemaking on small | 14 | | businesses, not for profit corporations,
or small | 15 | | municipalities. The agency shall reduce the impact by | 16 | | utilizing one or
more of the following methods if it finds | 17 | | that the methods are legal and
feasible in meeting the | 18 | | statutory objectives that are the basis of the proposed
| 19 | | rulemaking.
| 20 | | (1) Establish less stringent compliance or | 21 | | reporting requirements in
the rule for small | 22 | | businesses, not for profit corporations, or small
| 23 | | municipalities.
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| 1 | | (2) Establish less stringent schedules or | 2 | | deadlines in the rule
for compliance or reporting | 3 | | requirements for small businesses, not for
profit | 4 | | corporations, or small municipalities.
| 5 | | (3) Consolidate or simplify the rule's compliance | 6 | | or reporting
requirements for small businesses, not | 7 | | for profit corporations, or small
municipalities.
| 8 | | (4) Establish performance standards to replace | 9 | | design or operational
standards in the rule for small | 10 | | businesses, not for profit corporations, or
small | 11 | | municipalities.
| 12 | | (5) Exempt small businesses, not for profit | 13 | | corporations, or small
municipalities from any or all | 14 | | requirements of the rule.
| 15 | | (b) Before or during the notice period required under | 16 | | subsection (b)
of Section 5-40, the agency shall provide an | 17 | | opportunity for small
businesses, not for profit | 18 | | corporations, or small municipalities to
participate in | 19 | | the rulemaking process. The agency shall utilize one or
| 20 | | more of the following techniques. These techniques are in | 21 | | addition to
other rulemaking requirements imposed by this | 22 | | Act or by any other Act.
| 23 | | (1) The inclusion in any advance notice of possible | 24 | | rulemaking
of a statement that the rule may have an | 25 | | impact on small businesses, not
for profit | 26 | | corporations, or small municipalities.
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| 1 | | (2) The publication of a notice of rulemaking in | 2 | | publications likely to
be obtained by small | 3 | | businesses, not for profit corporations, or small
| 4 | | municipalities.
| 5 | | (3) The direct notification of interested small | 6 | | businesses, not for
profit corporations, or small | 7 | | municipalities.
| 8 | | (4) The conduct of public hearings concerning the | 9 | | impact of the rule on
small businesses, not for profit | 10 | | corporations, or small municipalities.
| 11 | | (5) The use of special hearing or comment | 12 | | procedures to reduce the cost
or complexity of | 13 | | participation in the rulemaking by small businesses, | 14 | | not
for profit corporations, or small municipalities.
| 15 | | (c) Prior to the filing for publication in the Illinois | 16 | | Register of any proposed rule or amendment affecting that | 17 | | may have an adverse impact on small businesses,
each agency | 18 | | must prepare an economic impact analysis. The economic | 19 | | impact analysis shall include
the following: | 20 | | (1) an identification of the types and estimate of | 21 | | the number of the small businesses subject to the | 22 | | proposed rule or amendment , including a list of the | 23 | | industries that will have to comply with the proposed | 24 | | rule or amendment ; | 25 | | (2) the projected reporting, recordkeeping, and | 26 | | other administrative costs required for compliance
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| 1 | | with the proposed rule or amendment, including the type | 2 | | of professional skills necessary for preparation of | 3 | | the
report or record; | 4 | | (3) a statement of the probable positive or | 5 | | negative economic effect on impacted small businesses; | 6 | | and | 7 | | (3.5) a statement of the impact on small businesses | 8 | | having less than 100 employees, taking into account the | 9 | | cost per employee, cost per hour of labor, and cost per | 10 | | $100 of sale, and comparing those cost factors to the | 11 | | costs of businesses in the top 10% in size; | 12 | | (4) a description of any less intrusive or less | 13 | | costly alternative methods of achieving the purpose of
| 14 | | the proposed rule or amendment. The alternatives must | 15 | | be consistent with the stated objectives of the | 16 | | applicable statutes and the proposed rulemaking ; and . | 17 | | (5) a description of the actions taken by the State | 18 | | agency to mitigate the costs to small businesses | 19 | | created by the proposed rule or amendment, and a | 20 | | description of the involvement of small business | 21 | | advocates in the development of the proposed rule or | 22 | | amendment. | 23 | | When any rule or amendment to an existing rule is | 24 | | proposed for which a small business economic impact | 25 | | analysis is required under this subsection (c), the | 26 | | adopting State agency must provide notice to affected small |
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| 1 | | businesses of the proposed rule through: (i) direct | 2 | | notification of known interested small businesses or trade | 3 | | organizations affected by the proposed rule or amendment; | 4 | | (ii) providing information of the proposed rulemaking to | 5 | | publications likely to be obtained by small businesses of | 6 | | the types affected by the proposed rule or amendment; and | 7 | | (iii) posting on the State agencies Internet website. | 8 | | The Business
Assistance Office shall prepare an impact | 9 | | analysis of the rule or amendment describing
its effect on | 10 | | small businesses whenever the Office believes, in its
| 11 | | discretion, that an analysis is warranted or whenever | 12 | | requested to do so by
25 interested persons, an association | 13 | | representing at least 100 interested
persons, the | 14 | | Governor, a unit of local government, or the Joint | 15 | | Committee
on Administrative Rules. The impact analysis | 16 | | shall be completed before or within the
notice period as | 17 | | described in subsection (b) of Section 5-40. Upon
| 18 | | completion of any analysis in accordance with this | 19 | | subsection (c), the preparing agency or the Business | 20 | | Assistance Office shall submit the
analysis to the Joint | 21 | | Committee on Administrative Rules, to any interested
| 22 | | person who requested the analysis, and, if the agency | 23 | | prepared the analysis, to the Business Assistance Office.
| 24 | | This subsection does not apply to rules and standards | 25 | | described in paragraphs (1) through (5) of subsection (c) | 26 | | of Section 1-5.
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| 1 | | (Source: P.A. 96-1448, eff. 1-1-11 .)
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