093_SB1133eng

 
SB1133 Engrossed                     LRB093 05053 WGH 05112 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" has the meaning ascribed to that term in Section
 8    1-20 of the 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 (i) grosses less  than
13    $4,000,000  per  year or has 50 or fewer  full-time employees
14    and (ii) has its principal office in Illinois.
15        "Department"  means  the  Department  of   Commerce   and
16    Community Affairs.

17        Section 10.  Small business advisory web pages.
18        (a)   Within  6  months  after the effective date of this
19    Act, each Agency must create  and  make  available   on   the
20    World Wide Web a small business advisory page.
21        (b)  Each agency that (i) has adopted or is preparing  to
22    adopt   any  rule  affecting  small  businesses  or  (ii)  is
23    designated  to  administer   legislation   affecting    small
24    businesses that has become  law  must prepare and post on its
25    small  business advisory page a plain language explanation of
26    the rule or  legislation. The explanation  must  indicate the
27    effective date of the rule or legislation.   The  explanation
28    must  remain  posted  for  a  minimum  of  6 months after the
29    effective date of the rule  or  legislation.  Agencies  shall
30    consult   with   the   Department  and  small  businesses  in

 
SB1133 Engrossed            -2-      LRB093 05053 WGH 05112 b
 1    developing uniform web page standards.
 2        If  a  rule  has  been  proposed  but  not  adopted,   an
 3    explanation of the rule must be posted as soon as possible in
 4    order  to  allow  input  and  comment   from  affected  small
 5    businesses. The State agency must, in addition to  posting  a
 6    plain  language  explanation  of the rule, post notice of the
 7    time, date, and place of any public hearings,  together  with
 8    the  names, addresses, and telephone  numbers  of  the agency
 9    rulemaking contact; what must  be  done  by  members  of  the
10    public  who  wish to provide testimony on the rulemaking; and
11    the names and Springfield and district office  addresses  and
12    telephone numbers of the members of the Joint Committee.
13        (c)  When each agency updates its small business advisory
14    web page, it shall notify the  Department.   The  Department,
15    through  its  First  Stop  Business Information Center, shall
16    serve as a central clearinghouse notifying the small business
17    community  of  each  agency's  rulemakings  and  changes   in
18    requirements.   Furthermore,  the Department shall seek input
19    from the small business community on the changes  and  inform
20    the  appropriate  agency  and  where  applicable,  the  Joint
21    Committee, of the input.
22        The  Department, as a part of its clearinghouse function,
23    shall maintain a central small  business  advisory  web  page
24    that  shall  serve  as  a  coordinated point of access to all
25    agencies' business advisory web pages.

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