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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 BASSET (Beverage Alcohol Sellers and Servers Education and Training) certified trainers:                    

 

 

 

The Illinois Liquor Control Commission adopted emergency amendments to Beverage Alcohol Sellers and Servers Education and Training (BASSET) Programs (77 IAC 3500; 39 Ill. Reg. 8175) effective 5/21/15 for a maximum of 150 days.  A companion proposed rulemaking appears in the June 5th Illinois Register at 39 Ill. Reg. 7789.  The rulemakings establish procedures for certified BASSET trainers to submit trainee information to the state database pursuant to PA 98-939.  All current trainer licenses must be renewed within 30 days after expiration.  Among other requirements, BASSET programs must require all trainees to verify by signature his or her full name, date of birth and mailing address.  BASSET certification will expire three years after the date of the certification class. 

 

 

 

Bottom Line:  The primary change in reporting requirements is that reporting will be automated rather than through a paper application.  It provides clarification on the implementation of Public Act 98-939.  The proposed rule gives instructions to BASSET certified trainers on the transmission of certified trainee information into a newly created state database so that the certification process is automated.  This will assist in the processing of newly issued trainee cards.  It is anticipated that there will be a significant increase in trainee cards due to the Cook County mandatory server law.  Proposed rule also provides needed clarification on the type of servers who will and will not be required to be trained.  For questions or to submit comments, contact Richard Haymaker, Chief Legal Counsel, Illinois Liquor Control Commission at (312) 814-1804 or email Richard.Haymaker@Illinois.gov.  Click here to submit comments.

 

 

 

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The following proposed amendments will impact video gaming operations and licensees:                    

 

 

 

The Illinois Gaming Board proposed amendments to Video Gaming (General) (11 IAC 1800; 39 Ill. Reg. 8363) that cross-reference the Riverboat Gambling Board meeting rules (86 IAC 3000.105) and authorize the Board to ban from involvement in a video gaming operation any individual whose involvement may pose a threat to its integrity, even if that person lacks an ownership interest or “significant interest or control” in the operation. 

 

 

 

Bottom Line:  The rulemaking makes the following changes to the video gaming (general) rules (11 Ill. Adm. Code 1800): New Section relating to Board meetings: The rulemaking adds a new Section 1800.130, entitled Board Meetings. The new Section cross-references the existing Board Meetings Section of the riverboat gambling rules (86 Ill. Adm. Code 3000.105), and states that the provisions of the cross-referenced section shall apply to Illinois Gaming Board meetings under the Video Gaming Act.  Disassociation: For licensees under the Video Gaming Act, Section 1800.330 of the video gaming rules (Economic Disassociation) currently authorizes the Board to order the disassociation of a person either holding an ownership interest, or meeting the standard for designation as a "person with significant interest or control" (PSIC), as this term is defined in Section 1800.110.  Section 1800.330 does not currently authorize the Board to direct the disassociation of those persons who lack an ownership interest and fall short of the threshold for PSIC designation, but whose involvement in a video gaming operation may nevertheless be sufficient to pose a threat to the integrity of a video gaming operation.  Accordingly, it is proposed to amend Section 1800.330 to authorize the Board to order the disassociation from a licensee of "any person connected with video gaming operations" upon a finding that economic disassociation is warranted.  Correction of error in table of contents: 39 Ill. Reg. 5401, effective March 27, 2015, changed the title of Section 1800.220 in the table of contents from "Continuing Duty to Report Violations" to "Continuing Duty to Report Information." Subsequently, 39 Ill. Reg. 5593, effective April 1, 2015, inadvertently changed the title of this Section back to "Continuing Duty to Report Violations." The proposed rulemaking amends the table of contents by restoring the title of Section 1800.220 to Continuing Duty to Report Information."  For questions or to submit comments, contact James Pellum, Acting General Counsel, Illinois Gaming Board at James.Pellum@igb.illinois.gov.  Click here to submit comments.

 

 

 

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The following proposed amendments will impact businesses interested in contracting with public institutions of higher education:

 

 

 

The Chief Procurement Officer for Public Institutions of Higher Education (CPO) proposed amendments to the Part titled Chief Procurement Officer for Public Institutions of Higher  Education Standard Procurement (44 IAC 4; 39 Ill Reg 8481) that implement two recent Public Acts amending the Illinois Procurement Code. The rulemaking increases the threshold for reporting subcontractor activity from $25,000 to $50,000; prescribes electronic signature protocols for vendors; revises notice and hearing procedures for sole source contracts; establishes the CPO as the publisher of the Illinois Procurement Bulletin for higher education; and prescribes policies on a vendor web portal, among other measures. Except for records subject to attorney-client privilege, the CPO may access any records to review whether a contract or purchase is exempt under the Procurement Code.  Two additional exemptions from the Code applicable to higher education are added:  procurements for placement of students in externships, medical residencies, etc., and contracts for programming and broadcast license rights for university-operated radio and television stations. Expedited or abbreviated procurement practices may be established by the CPO for medical, dental or veterinary teaching facilities. The Illinois Mathematics and Science Academy shall procure goods and services through the CPO.  Notice of renegotiated contracts and change orders for more than $10,000 or for an extension of more than 30 days shall be published in the Procurement Bulletin. All bids/offers shall be date and time-stamped, with no information given by university personnel other than confirmation of receipt of a bid or offer, except as otherwise permitted by the State Procurement Officer (SPO).  New procedures governing electronic or fax submissions and communications are prescribed (e.g., responses must be submitted to a secure electronic lock box, signatures must be a scanned original signature or a digital signature using an approved security process).  Evaluation committees reviewing proposals shall be determined by the university, but can be removed by a SPO for failure to comply with instructions or to ensure the integrity of the procurement. SPOs have the right to attend evaluation committee meetings. The CPO may establish policies and procedures regarding the use of the small purchase method of source selection, such as to promote small business, diversity and transparency. New contract areas that may employ sole source procurement include items for an existing franchise agreement, items required for research where no other source is able to meet the need procurement need, and new latest edition textbooks that are available only from a publisher in classroom quantities. For grant-funded research procurements, a university may directly negotiate with a vendor when the conditions of the grant making using one of the statutory source selection methods impractical (e.g., grant agreement compliance deadlines). New provisions regarding change orders are added: a written determination must be filed when a change order changes the contract amount by more than $10,000 or 30 or more days’ duration; shall be published in the Procurement Bulletin; and total contract terms are limited to 10 years, among other changes.  Revised policies are proposed for various procurement preferences, such as: contracting with persons with disabilities; biodiesel and hybrid fuel purchasing; small business set-aside contract thresholds; and service-disabled veteran contracting. New statutory provisions are added concerning procurement ethics and procurement communication reporting. Readers are advised to examine the rule in detail (http://www.cyberdriveillinois.com/departments/index/register/register_volume39_issue26.pdf) as numerous changes are proposed that are not detailed in this summary. 

 

 

 

Bottom Line:  In PA 97-895 and PA 98-1076, the Illinois Procurement Code was amended, following up on and clarifying issues from PA 96-795, which transferred oversight for procurement to independent Chief Procurement Officers appointed by the Executive Ethics Commission and confirmed by the Senate. The statute further established independent State Purchasing Officers and Procurement Compliance Monitors.  The proposed amendments implement the changes of PA 96-795 and PA 98-1076 for the

 

Chief Procurement Office for Public Institutions of Higher Education, further defining terms, the structure and procurement authority oversight of the CPO-HE and SPOs, and providing direction to universities on procurement matters. The proposed amendments allow for CPO-HE access to records to determine if a contract or expenditure is subject to the provisions of the Procurement Code and provide for exemption from the Illinois Procurement Code for certain contracts entered into by the University of Illinois and

Southern Illinois University for certain supplies and services.  The amendments increase from $25,000 to $50,000 the disclosure requirements of subcontractors and clarify vendors' responsibilities when there is a change of subcontractor. The amendments: provide direction on publication requirements for renegotiated contracts and change orders; provide instruction on how to receive bids and offers in order to maintain confidentiality; specify the requirements for evaluation committees; specify what discussion may occur with apparent awardees prior to notice of award; provide guidance on the use of contracts with qualified not-for-profit agencies for person with severe disabilities; and allow for the use of electronic signatures by vendors. The amendments:  clarify notice and hearing requirements for sole source contracts and for alleged conflict of interests; clarify an SPO's obligation to approve (and not sign) contracts by universities; provide for the CPO-HE to be responsible for and publish the Illinois Procurement Bulletin/Chief Procurement Officer for Institutions of Public Higher Education; provide guidance on the establishment and use of a vendor portal; implement publication requirements for awards to other than the low bidder; and clarify that procurement files shall not include trade secrets or other sensitive, confidential or proprietary information. The amendments: define criteria for contracts with Illinois small businesses; provide for the CPO-HE to verify a business entity is in compliance with requirements to register with the State Board of Elections; and allow opportunity for contractors to terminate subcontractors who provide false certifications. The amendments: clarify when vendors may be prohibited bidders and contractors; specify when state employees are required to report conversations with potential vendors; and provide due process when suspected prohibited political contributions are made by vendors.  For questions or comments, contact Shirley Webb, CPO for Higher Education at Shirley.j.webb@illinois.gov, or call (217) 558-2247. 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.