Illinois General Assembly - Full Text of Public Act 100-0688
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Public Act 100-0688


Public Act 0688 100TH GENERAL ASSEMBLY



Public Act 100-0688
HB5253 EnrolledLRB100 17050 RJF 32201 b

    AN ACT concerning government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 5-30 as follows:
    (5 ILCS 100/5-30)  (from Ch. 127, par. 1005-30)
    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
        (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
            (1) Establish less stringent compliance or
        reporting requirements in the rule for small
        businesses, not for profit corporations, or small
            (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.
            (3) Consolidate or simplify the rule's compliance
        or reporting requirements for small businesses, not
        for profit corporations, or small municipalities.
            (4) Establish performance standards to replace
        design or operational standards in the rule for small
        businesses, not for profit corporations, or small
            (5) Exempt small businesses, not for profit
        corporations, or small municipalities from any or all
        requirements of the rule.
        (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.
            (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.
            (2) The publication of a notice of rulemaking in
        publications likely to be obtained by small
        businesses, not for profit corporations, or small
            (3) The direct notification of interested small
        businesses, not for profit corporations, or small
            (4) The conduct of public hearings concerning the
        impact of the rule on small businesses, not for profit
        corporations, or small municipalities.
            (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.
        (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
                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
                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
        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
        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
    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 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
    person who requested the analysis, and, if the agency
    prepared the analysis, to the Business Assistance Office.
        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.
(Source: P.A. 96-1448, eff. 1-1-11.)

Effective Date: 1/1/2019