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Regulatory Alert

CURRENT PROPOSED STATE OF ILLINOIS RULES AFFECTING SMALL BUSINESS

If any of the following proposed regulations impact your business, let us know!   Click here to submit comments on how the proposed rulemakings will impact your business or industry.   

Following are  proposed rules of possible interest to small businesses published in the Illinois Register.  During the comment period, individuals have an opportunity to express their support or opposition to the rule.  To submit comments or to learn more about the proposed rules, contact Katy Khayyat at the Department of Commerce and Economic Opportunity Business Information Center via e-mail at Katy.Khayyat@Illinois.gov  or call 800.252.2923 or 217.785.8020. 

To get more information on Illinois Rules and Regulations, how to file a complaint about a burdensome or excessive state rule, go to www.ilsmallbiz.biz/regflex
 

 

 

 

 

 

 

The following regulation will impact owners of buildings with boiler systems and museums or other entities that operate historical boiler equipment: 

 

 

 

The Office of the State Fire Marshal proposed amendments to Boiler and Pressure Vessel Safety (41 IAC 2120; 40 Ill. Reg. 6974) requiring installation of carbon dioxide detectors in commercial buildings where any portion of a pressurized CO2 system is located; requiring intake and exhaust points of ventilation piping in any boiler system installed after 12/1/14 to be located outside of the building served and at least 36 inches above grade; and requiring performance of a full grid ultrasonic testing (UT) inspection on historical boilers (those that power steam locomotives, antique tractors, steamboats or other historic vehicles or conveyances) that miss the required 2-year certificate inspection.

 

 

 

Bottom Line:  These proposed changes would require that carbon dioxide detectors be placed inside every commercial building where any portion of a pressurized carbon dioxide vessel system is located.  The changes would also, for newly installed systems only, require that the exit points of boiler ventilation piping (both intake and exhaust) must be located outside of an occupancy at least 36 inches above grade to prevent carbon monoxide buildup during times of high snowfall.  Third, the changes clarify the inspection cycle for a historical boiler in the event that one or more required inspections are not conducted by the owner or operator.  If four consecutive years of inspections are not conducted, this rulemaking would require the owner to start a new cycle of regular inspections at 2-year intervals with an initial inspection that conducts ultrasonic testing *UT) of 100% of the surface of the object using certified UT testing personnel.  These amendments would also update the national technical codes incorporated into these rules as required by Section 2 of the Boiler and Pressure Vessel Safety Act, 430 ILCS 75/2.  For questions, to submit comments, or for further information, contact Tom Andryk, Office of the State Fire Marshall at (217) 785-5758 or email Thomas.Andryk@Illinois.gov.  Click here to submit comments.

 

 

 

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The following regulation will impact small businesses seeking contracts with the Office of the Secretary of State:

 

 

 

The Secretary of State proposed amendments to Secretary of State Standard Procurement (44 IAC 2000; 40 Ill. Reg. 7043) raising the small purchase threshold for contracts exempt from competitive bidding from $25,000 to $40,000. 

 

 

 

Bottom Line:  The Secretary of State’s office will accept all written comments during the 45-day first notice period which ends June 20, 2016.  For questions or comments contact Amy Williams at awilliams3@ilsos.net or call (217) 785-3094. Click here to submit comments.

 

 

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The following proposed regulation will impact small businesses (those appealing adverse actions or seeking removal from an exclusion list) that are parties to hearings before the Illinois Gaming Board conducted under the provisions of the Video Gaming Act: 

 

 

 

The Illinois Gaming Board proposed amendments to Video Gaming (General) (11 IAC 1800; 40 Ill. Reg. 7275 affecting administrative hearing procedures.  The rulemaking allows any party to a hearing concerning a license denial or restriction, a disciplinary action, or placement on or removal from an exclusion list to file exceptions to findings of fact, conclusions of law, and recommendations of the hearing officer or Administrative Law Judge no later than 14 days after receipt of the recommended decision.  Exceptions shall specify each finding of fact and conclusion of law to which exception is taken, and no oral arguments shall be conducted on exceptions. 

 

 

 

Bottom Line:  The rulemaking gives the parties the ability to file exceptions to findings of fact, conclusions of law, and recommendations of a hearing officer.  The rule applies to hearings on denials of applications for licensure as well as hearings on disciplinary actions against licensees.  For questions or to submit comments, contact Agostino Lorenzini at the Illinois Gaming Board.  Click here to submit comments.

 

 

 

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The following proposed regulation will impact small businesses seeking contracts with the Treasurer’s Office:

 

 

 

The Treasurer’s Office proposed amendments to the part titled Procurement (44 Ill. Adm. Code 1400; 40 Ill. Reg. 7602) revising the Office’s procurement policies since the rules were last amended in 2000.  The rulemaking includes new or revised definitions of the terms contract, contractor or vendor, award, Deputy Treasurer, Request for Information and Request for Proposals (RFP) and authorizes possible joint purchasing under the Governmental Joint Purchasing Act.  Provisions that make written minutes of bidders’ conferences binding on the parties are being stricken.  All existing specific provisions procedures on multi-step bidding are being replaced with a statement that multi-step bidding may be conducted.  The rulemaking also repeals the current requirements that the Treasurer’s CPO must make a written finding in favor of competitive sealed proposals in lieu of a bidding process and those proposals and modifications may only be shown to personnel having a legitimate interest in them.  The Office is raising its small purchase contract dollar threshold to the maximum recently recommended by the Illinois Procurement Policy Board, from $25,000 to $80,000.  Contracts for professional and artistic services for less than $30,000 may be made without advance notice, competition or any use of source selection, at the discretion of the Treasurer’s CPO.  Examples of permissible sole source procurements cited in the rulemaking include media for advertising; radio and television rights; a federal or state grant that requires a named vendor; or an item that is copyrighted or patented.  Procedural elements for the solicitation of professional and artistic services are being repealed (e.g., justification of the service procured, qualifications of the provider of the service, publication of forms to be sued, and minimum contract requirements).  Prequalification of professional and artistic vendors is being repealed.  Leases cannot be for a term of more than 10 years.  Protocols are also prescribed for vendors seeking to withhold information deemed exempt from the Freedom of Information Act.

 

 

Bottom Line:  The changes to the Treasurer’s Procurement Rules are intended to update procedures and requirements to more closely align with changes in the Illinois Procurement Code, changes in technology, and similar rules used by other constitutional officers.  Changes bring this part into compliance with the Illinois Freedom of Information Act (FOIA).  The small purchase limit is adjusted and linked to the Chief Procurement Officer for General Services limit.  Additionally, the rulemaking provides that the Treasurer’s office may enter into joint purchasing agreements pursuant to the Governmental Joint Purchasing Act.  For questions or to submit comments, contact G. Allen Mayer, Deputy Legal Counsel, Illinois State Treasurer at (217) 557-2673 or email AMayer@illinoistreasurer.gov. Click here to submit comments.