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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.ienconnect.com/regflex.
 

 

 

 

The following proposed amendments will impact commercial fishing operations, fish hatcheries, private pond owners and fish processing plants:            

 

 

 

DNR also proposed amendments to Injurious Species (17 IAC 805; 39 Ill Reg 3241), Aquaculture, transportation, Stocking, Importation and/or Possession of Aquatic Life (17 IAC 870; 39 Ill Reg 3249) and Viral Hemorrhagic Septicemia (VHS) (17 IAC 875; 39 Ill Reg 3264) concerning movement of various aquatic species. The Part 805 amendments add new species, including golden mussels and killer shrimp, to the list of injurious species and require a Restricted Species Transportation Permit (RSTP) for live hauling of commercially wild-caught Asian carp. The Part 870 amendments clarify that amphibians and reptiles are not subject to the Part, nor are owners of private/hobbyist or commercial aquariums or water gardens that do not allow aquatic life to escape into Illinois waters. The rulemaking adds Tilapia and hybrid species of grass, bighead, and silver carp to those requiring an RSTP, which is valid only for the dates listed and for the delivery destination named on the permit. Private lake or pond owners who stock their ponds with triploid carp are exempt provided they possess receipts from a permit holder or non-resident fish dealer documenting the number, type and size of the fish sold. No more than 20 triploid carp may be transported at any one time.  Commercial fishermen may harvest and transport bighead, silver, grass and black carp if the fish are dead and transported directly to a fish market or processor, or are transported live under an RSTP to a State licensed slaughter facility or its out of State equivalent. Asian carp may be held in a live crib or net pen provided that they are removed and killed within 72 hours, and not transported upstream of a lock and dam or other barrier. Other changes update contact information for the DNR Aquaculture Specialist, allow 8 weeks to review permit applications for new species not on the approved list, and require the annual report for aquaculture permit holders to be submitted by 3/31 (currently, 1/31). The Part 875 amendments correct a reference to the federal list of VHS-susceptible species and require an RSTP to transport Tilapia and other non-approved species from VHS-affected regions.

 

 

 

Bottom Line: Part 805 rules are being amended to regulate the importation, possession, transportation and stocking of species that have been identified as injurious based upon the potential threat to indigenous wildlife, aquatic life or the habitat.  Seven species were added to the injurious species list.  Asian carp are listed as injurious, therefore, these amendments clarify that permits are required prior to authorization for live haul.  Part 870 is being amended to clarify when the Aquatic Life Approved Species List applies, removes reptiles and amphibians from the Aquaculture Code (now regulated by Herptile Code); updates contact information and aquaculture application process; changes renewal date to March 31 to be consistent with hunting and fishing license renewals; clarifies that possession or transportation of Tilapia requires a Letter of Authorization or Import permit; clarifies over the counter sales of Triploid Grass Carp.  Part 875 is being amended to update outdated information and to provide an example of when a permit is appropriate to import Tilapia.  For questions or to submit comments, contact Craig Colbrook Legal Counsel at the Department of Natural Resources at (217) 557-0659 or email Craig.Colbrook@Illinois.govClick here to submit comments.

 

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The following proposed regulation will impact small businesses that offer testing or anyone who has a commercial driver’s license:

 

 

 

The Secretary of State proposed amendments to Issuance of Licenses (92 IAC 1030; 39 Ill. Reg. 4193) incorporating the latest Federal Motor Carrier Safety Administration rules.  These include training and testing for commercial learner’s permit and commercial driver’s license holders.  SOS staff and third party testers must undergo training, testing and background checks.  SOS also proposed amendments to School Bus Driver Permit (92 IAC 1035; 39 Ill. Reg. 4296) updating references to the current Code of Federal Regulations and adding a definition of physician.  Finally, SOS proposed amendments to Cancellation, Revocation or Suspension of Licenses or Permits (92 IAC 1040; 39 Ill. Reg. 4311) updating references to the current Code of Federal Regulations, adding the definition for commercial learner’s permit and amending the definition of commercial motor vehicle. 

 

 

 

Bottom Line:  Third party testers will be required to undergo a fingerprint based background check and will need to undergo initial and refresher training given by the Secretary of State.  Third party testers will also be required to keep documents relating to the skills tests given to their employees.  Items included in the proposed rules: applicants for a CDL will be required to hold a CLP for a minimum of 14 days prior to applying for a CDL; examination of applicants will be done in accordance with 49 CFR 383; Secretary of State employees, as well as third party testers, will be subject to training, testing and background checks; non-governmental third party entities will be required to post a surety bond; proof of legal presence; issuance of non-domiciled CLPs and CDLs and auditing of skills examiners.   For questions or comments call Jennifer Egizi at the Office of the Secretary of State at (217) 557-4462. 

 Click here to submit comments.

 

 

 

 

 

 

 

 

 

 
 
 
 
 
   


For more information on anything in this issue of Regulatory and Information Alert, contact Katy Khayyat at Katy.Khayyat@Illinois.gov or call (217) 785-8020 or (800) 252-2923.  To be removed from this mailing list, please contact Katy Khayyat at Katy.Khayyat@Illinois.gov or by calling (217) 785-8020 or (800) 252-2923.