Illinois General Assembly - Full Text of HB3209
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Full Text of HB3209  93rd General Assembly

HB3209enr 93rd General Assembly


HB3209 Enrolled                      LRB093 09489 AMC 12069 b

 1        AN ACT concerning State government.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.   Short title.  This Act may be cited  as  the
 5    Small Business Advisory Act.

 6        Section 5.  Definitions.  In this Act:
 7        "Agency"  means  the  same  as  in  Section  1-20  of the
 8    Illinois Administrative Procedure Act.
 9        "Joint  Committee"   means   the   Joint   Committee   on
10    Administrative Rules.
11        "Small   business"   means   any   for   profit   entity,
12    independently  owned  and  operated,  that  grosses less than
13    $4,000,000 per year  or  that  has  50  or  fewer   full-time
14    employees.  For  the purposes of this Act, a "small business"
15    has its principal office in Illinois.
16        "Department"  means  the  Department  of   Commerce   and
17    Community Affairs.

18        Section 10.  Small business advisory web pages site.
19        (a)   Within  6  months  after the effective date of this
20    Act, each Agency must create  and  make  available   on   the
21    World Wide Web a small business advisory page.
22        (b)  Each agency that (i) has adopted or is preparing  to
23    adopt   any  rule  affecting  small  businesses  or  (ii)  is
24    designated  to  administer   legislation   affecting    small
25    businesses that has become  law  must prepare and post on its
26    small  business advisory page a plain language explanation of
27    the rule or  legislation. The explanation  must  indicate the
28    effective date of the rule or legislation.   The  explanation
29    must  remain  posted  for  a  minimum  of  6 months after the
30    effective date of the rule  or  legislation.  Agencies  shall
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 1    consult   with   the   Department  and  small  businesses  in
 2    developing uniform web page standards.
 3        If  a  rule  has  been  proposed  but  not  adopted,   an
 4    explanation of the rule must be posted as soon as possible in
 5    order  to  allow  input  and  comment   from  affected  small
 6    businesses. The State agency must, in addition to  posting  a
 7    plain  language  explanation  of the rule, post notice of the
 8    time, date, and place of any public hearings,  together  with
 9    the  names, addresses, and telephone  numbers  of  the agency
10    rulemaking contact; what must  be  done  by  members  of  the
11    public  who  wish to provide testimony on the rulemaking; and
12    the names and Springfield and district office  addresses  and
13    telephone numbers of the members of the Joint Committee.
14        (c)  When each agency updates its small business advisory
15    web page, it shall notify the  Department.   The  Department,
16    through  its  First  Stop  Business Information Center, shall
17    serve as a central clearinghouse notifying the small business
18    community  of  each  agency's  rulemakings  and  changes   in
19    requirements.   Furthermore,  the Department shall seek input
20    from the small business community on the changes  and  inform
21    the  appropriate  agency  and  where  applicable,  the  Joint
22    Committee, of the input.
23        The  Department, as a part of its clearinghouse function,
24    shall maintain a central small  business  advisory  web  page
25    that  shall  serve  as  a  coordinated point of access to all
26    agencies' business advisory web pages.

27        Section 15.  Advisory opinions and interpretations.  Each
28    agency  must  post  plain  language  versions of all advisory
29    opinions and interpretations of rules and statutes  affecting
30    small  businesses  issued by the agency on its small business
31    advisory web page.  No person who acts or  fails  to  act  in
32    reasonable    reliance   in   the   advisory   opinions   and
33    interpretations may be held liable in any civil, criminal, or
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 1    regulatory action because of that act or failure to act.