Illinois General Assembly - Full Text of Public Act 093-0318
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Public Act 093-0318


Public Act 93-0318 of the 93rd General Assembly

Public Act 93-0318

HB3209 Enrolled                      LRB093 09489 AMC 12069 b

    AN ACT concerning State government.

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

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

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

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

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

Effective Date: 01/01/04