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 Department of Human Services proposed amendments which will impact businesses that provide child care services:  

The DEPARTMENT OF HUMAN SERVICES adopted emergency amendments to Child Care (89
IAC 50; 43 Ill Reg 7632), effective 7/1/19 for a maximum of 150 days. Identical proposed amendments appear in this week’s Illinois Register at 43 Ill Reg 7594. The emergency and proposed rulemakings
implement a tiered income eligibility scale for new and continuing enrollees in the Child Care Assistance Program (CCAP) along with annual updates to copayment scales. The rulemaking establishes a gross income limit of 185% of the Federal Poverty Level (e.g., $3,970/month for a family of 4) for new applicants
and 200% FPL (e.g., $4,292/mo. for a 4-person family) for existing clients whose eligibility is being
redetermined. Families whose income upon redetermination exceeds 200% FPL but does not exceed 85% of the State Median Income (SMI; currently, for a family of 4, the 85% level is $6,333/mo.) may remain eligible for CCAP for no more than 90 days, after which they must reenroll as new applicants and
meet the 200% FPL threshold to qualify. Families whose income exceeds 85% of SMI will be terminated from the program within 10 calendar days. Monthly co-payments are also updated to be no more than 9% of the corresponding family income. (Note: A proposed rulemaking that appeared in last week’s Register implements higher income eligibility limits of 200% FPL for new applicants and 225% FPL for existing clients at redetermination. DHS indicates that it will adopt the higher income limits in that rulemaking if its budget permits.) Child care providers are affected by this emergency rule. 

Bottom Line:  Pursuant to provisions of 305 ILCS 5/9A-11, this rulemaking indexes the child care income eligibility guidelines so that the threshold for child care benefits is no less than 185% of the most current
federal poverty level for each family size effective July 1, 2019. Income ranges up to 200% FPL are included due to bifurcated income eligibility thresholds for new cases (185% FPL) and a higher level (200% FPL) for existing cases that are being redetermined for their next eligibility period. Income ranges for 85% of State Median Income (SMI) are also included as federal regulations sets that level as the uppermost income that would be eligible for federal funds. This rulemaking also adjusts the amount of the parent copayment fee to no more than 9% of a family's income for the Child Care Assistance Program.

This rule is open for public comment until 8/26/19.  Questions/requests for copies/ comments through 8/26/19 may be directed to Tracie Drew, Chief, Bureau of Administrative Rules and Procedures, Department of Human Services, 100 South Grand Avenue East, Harris Building, 3rd Floor, Springfield, IL 62672, or call (217) 785-9772. You may click here to submit comments to the Department of Commerce, Office of Regulatory Flexibility.

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The Department of Revenue proposed amendments which will impact individuals and businesses with unpaid income tax, sales tax, use tax or other tax liabilities from eligible tax periods:      

The Illinois Department of Revenue proposed amendments to the Part titled Amnesty Regulations (86 IAC 520; 43 Ill. Reg. 8677) implementing Public Act 101-9, a recently enacted short-term tax amnesty program that will be in effect from October 1 through November 15, 2019.  Eligible Illinois income tax liabilities based on income earned or received in calendar years 2011 through 2017, and other eligible tax liabilities incurred from 7/1/11 through 6/30/18, can be paid without penalty during the amnesty period.  The rulemaking abolishes the “200% sanction” that doubles rates of penalty and interest on certain tax liabilities for taxpayers who could have qualified for the amnesty program but failed to participate.  Additionally, tax liabilities that are in the process of being reviewed by the Illinois Independent Tax Tribunal or are the subject of Fast Track Resolution Program Audits during the amnesty period will be eligible for amnesty under certain conditions.  If DOR ultimately determines that a deficiency for a particular tax period was greater than the amount the taxpayer paid during the amnesty period, the 200% sanction will no longer be imposed on the unpaid amount. 


Bottom Line:  The rulemaking updates the amnesty regulations to implement the upcoming amnesty program created by PA 101-9.  The rule provides guidance that will be helpful to small businesses on the application of the law regarding the upcoming amnesty program. 

This rule is open for public comment until 9/30/19.  Questions/requests for copies/ comments through 9/30/19 may be directed to Brian Fliflet, Acting General Counsel, Illinois Department of Revenue, Legal Services, 101 West Jefferson Street, MC 5-500, Springfield, IL 62794, 217/782-2844 or email Brian.Fliflet@illinois.gov