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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 217.558.0190. 

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 proposed regulation will impact oil and gas drilling businesses:        

 

The Department of Natural Resources proposed amendments to the Part titled The Illinois Oil and Gas Act (62 IAC 240; 41 Ill. Reg. 14368) concerning the permitting processing for oil and gas wells.  The rulemaking simplifies the process of certifying that a permit applicant has the right to drill for or operate a well at the proposed site; starts the 15-day public comment period for an application on either the date the notice is published or the date the application is filed, whichever is later; allows for pooled units (a single lease or agreement that includes more than one well owner/operator); and allows wells to be spaced 330 feet (currently 660) apart, separated by no less than 10 feet from the nearest drilling unit boundary line.  Petitions to modify existing drilling units will not be accepted from persons with a record of previous Oil and Gas Act violations or financial or management interests in a company with a record of such violations; persons who are delinquent in payment of annual well fees; or persons who have falsified or misstated information contained in the petition.  Public hearings on modification petitions must be held 30 to 60 days after DNR has accepted the petition.  Other provisions set criteria for placing wells that have been inactive for at least 24 consecutive months in temporary abandonment status; establish public notice and hearing procedures; set a 20 working day timeframe for DNR to grant or deny a petition after a public hearing has taken place; set criteria for permit applications for special drilling units; and clarify the process for transferring a permit to a new owner. 

 

Bottom Line:  This part is being amended to reduce regulatory burdens by reducing the amount of paperwork required to be submitted for transfers; change the spacing of wells to increase flexibility in siting wells without requiring expensive and time consuming hearings; streamline and improve the well transfer system and to correct previous errors in the rules related to permitting and temporary abandonment which caused confusion for the industry.  For questions or comments, contact John Heidinger, Legal Counsel, Department of Natural Resources at John.Heidinger@Illinois.gov, (217) 557-6379.  You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility. 

 

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The following proposed regulation will impact milk producers:      

 

The Department of Public Health proposed an amendment to Grade A Pasteurized Milk and Milk Products (77 IAC 775; 41 Ill. Reg. 14917) updating various federal guidelines and rules and professional standards that have been incorporated by reference.  All incorporated federal regulations refer to the 2015 Code of Federal Regulations unless otherwise specified. 

 

Bottom Line:  This rulemaking will update references to several documents that are incorporated by reference in the Grade A Pasteurized Milk and Milk Products rules.  Documents that are being updated include the Grade A Pasteurized Milk Ordinance (PMO), the Methods of Making Sanitation Ratings of Milk Shippers (MMSR), the Procedures for Governing the Cooperative State Public Health Service/Food and Drug Administration (FDA) Program of the National Conference on Interstate Milk Shipments and the incorporated sections of the Code of Federal Regulations and the Evaluation of Milk Laboratories all published the FDA.    For questions, contact Elizabeth Paton at dph.rules@illinois.gov, or call (217) 782-2043.  You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility. 

 

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The following proposed rule will impact hunting outfitters, their employees and clients: 

 

The Illinois Department of Natural Resources proposed amendments to Outfitter Regulations (17 IAC 640; 41 Ill. Reg. 15011) removing from the definition of outfitting services subject to the Part individuals or businesses that merely solicit hunting clients for a landowner, tenant or another outfitter.  The rulemaking also simplifies reporting requirements for outfitters and makes requirements for Class A (deer and turkey) and Class B (waterfowl) outfitter permits consistent.

Bottom Line:  This part is being amended to simplify and reduce the reporting requirements and to clarify what constitutes “guidance or opportunity on private or leased lands”.  For questions or comments, contact Javonna Ackerman, Legal Counsel, DNR, at Javonna.Ackerman@Illinois.gov, or call (217) 557-0126.   You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility. 

 

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The following proposed amendment will impact registered lobbyists and the businesses that employ them:

 

The Secretary of State adopted an emergency amendment to Lobbyist Registration and Reports (2 IAC 560; 41 Ill. Reg. 15373) effective 12/8/17 for a maximum of 150 days, implementing Public Act 100-554.  An identical proposed amendment appears in the December 8, 2017 Illinois Register at 41 Ill. Reg. 15222.  The emergency rule implements the Public Act’s definition of and prohibition against sexual harassment, requires lobbyists’ employers to adopt (by 1/1/18) and maintain written sexual harassment policies, and requires the employer to insure that lobbyists receive copies of these policies.  Employers also must recognize the authority of the SOS Inspector General to investigate and review any complaints concerning sexual harassment by a lobbyist. 

 

Bottom Line:  PA 100-554 was signed by the Governor on November 16, 2017 with an immediate effective date.  As it pertains to the subject matter of the proposed emergency rules, the Secretary of State Office of the Inspector General is authorized to review allegations of sexual harassment made against an individual required to register under the Lobbyist Registration Act and to provide a summary of said review to the Executive Ethics Commission.  In addition, the Secretary of State is further required to provide a sexual harassment training program to individuals required to register as a lobbyist and the training program must be completed within 30 days after registration or renewal under the Lobbyist Registration Act.  For questions or comments, contact Amy Williams, Secretary of State at Awilliams3@ilsos.net, or call (217) 785-3094.  You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility. 

 

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The following proposed amendment will impact funeral service providers that accept public assistance claims for burial or cremation: 

 

The Department of Human Services proposed an amendment to Related Program Provisions (89 IAC 117; 41 Ill. Reg. 15167) stating that claims for funerals and burials are subject to appropriations and may (currently, will) be denied if not submitted within 180 days after the deceased person’s death or resubmitted within 90 days after being returned for correction or completion.  DHS states that this rule change will allow late claims to be paid if funds are available. 

 

Bottom Line:  This rulemaking revises the timeframes for submitting claims for funeral and burials.  It allows claims to be processed part the 180 days from the date of death of the decedent, or past the 90th calendar day for which a claim had to be returned for correction or completion.  A written explanation to support late submittal of claims/reimbursements is required.  For questions or comments, contact Tracie Drew, DHS at (217) 785-9772.  You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility.

 

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