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
"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
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.