HB3999 93RD GENERAL ASSEMBLY

LRB093 14724 BDD 40269 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB3999

Introduced 1/9/2004, by Carolyn H. Krause

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 692/5
20 ILCS 692/10

Creates the Small Business Ombudsman Act. Creates the Office of the Small Business Ombudsman within the Department of Commerce and Economic Opportunity. Provides that the Office is charged with the responsibility of serving as a clearinghouse for State business information. Provides that the Governor must appoint a person to serve as the Small Business Ombudsman. Sets forth the duties and responsibilities of the Office. Amends the Small Business Advisory Act. Provides that the Office, rather than the Department, shall serve as a central clearinghouse notifying the small business community of each agency's rulemakings and changes in requirements, seeking input from the small business community on the changes, and maintaining a central small business advisory Internet web page.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning small businesses.

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 Ombudsman Act.

Section 5. Definitions. In this Act:

"Agency" has the definition set forth in Section 1-20 of the Illinois Administrative Procedure Act.

"Department" means the Department of Commerce and Economic Opportunity.

"Small business" has the definition set forth in Section 5 of the Small Business Advisory Act.

Section 10. Creation; appointment.

(a) The Office of the Small Business Ombudsman is created within the Department of Commerce and Economic Opportunity. The Office is charged with the responsibility of serving as a clearinghouse for State business information.

(b) The Governor, with the advice and consent of the Senate, must appoint a person to serve as the Small Business Ombudsman. The appointee must have experience in small business administration. The Small Business Ombudsman shall serve at the pleasure of the Governor.

Section 15. Duties and responsibilities. The Office has all of the following responsibilities:

(1) To provide the public with an information resource center that disseminates information regarding State statutory and regulatory requirements to conduct business in the State, including authoritative sources and procedures and referrals to contact persons within the appropriate State agencies.

(2) To establish a program in which the Office works with the small business community to identify problems in State government related to unnecessary delays in agency regulatory actions, inconsistencies between regulatory agencies, and the inefficient and ineffective use of State resources.

(3) To track the number of contacts or inquiries received each year by the Office, the nature of each contact or inquiry, and the final resolution offered in response to each contact or inquiry for the purpose of recommending legislative and administrative revisions.

(4) To work with the State regulatory agencies to determine the status of requests for information or assistance and to resolve any disputes that may arise between agencies and businesses regarding compliance with laws, rules, or policies of the State or its agencies.

(5) To make legislative recommendations to the General Assembly concerning issues affecting small businesses.

Section 20. Staff and administrative support. The Department shall provide staff and administrative support services to the Office as necessary.

Section 905. The Small Business Advisory Act is amended by changing Sections 5 and 10 as follows:

(20 ILCS 692/5)

Sec. 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.

"Office" means the Office of the Small Business Ombudsman established under the Small Business Ombudsman Act.

"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.

(Source: P.A. 93-318, eff. 1-1-04.)

(20 ILCS 692/10)

Sec. 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 Office 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 Office Department. The Office 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 Office 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 Office 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.

(Source: P.A. 93-318, eff. 1-1-04.)