The Department of Human Services proposed amendments which will impact child care providers:
The Department of Human Services proposed amendments to “Child Care” (89 Ill. Adm. Code 50; 37 Ill. Reg. 17140) that implement recommendations from the Child Care Advisory Council and the federal DHHS’ Administration for Children and Families’ Office of Child Care. DHS is requiring all individuals with access to children in child care to undergo the required background checks and is defining base wages and salary. The rulemaking clarifies services that will be provided for eligible teenage parents and revises the criteria that parents are responsible for reporting to DHS. The rulemaking also revises the list of eligible individuals to whom it will provide child care services, resources permitting, and requiring child care staff to use the Department computerized case information systems to report an applicant’s participation in a DHS-approved program. The rulemaking clarifies teen parent eligibility requirements and accreditation requirements for social service agencies providing English as a Second Language and other adult education courses/programs. DHS is removing the stipulation prohibiting child care services for web-based classes that an individual may take at any time and is granting an additional day of care for study time only if approved in advance. Child care will be terminated immediately if DHS determines that the child is no longer enrolled with the approved provider. The rulemaking updates lists of income eligibility criteria, including non-exempt (included) and exempt income. DHS will continue to provide payments to maintain child care services in instances when services would be terminated, changing the time period in which the applicants must report the loss of employment/income from 10-30 days after the date of loss or break. Child care services can be extended for up to three 30-day periods in any 12-month period. The rulemaking also updates circumstances under which an applicant is exempt from paying a share of child care costs.
Bottom Line: To be consistent with recommendations from the Child Care Advisory Council and with the federal Administration for Children and Families (ACF) Office of Child Care priorities and principles for child care subsidy programs and children’s continuity of care, this proposed rulemaking makes a number of revisions to the child care assistance rules. These changes are also based on recommendations from the Program Administration Committee of the DHS Child Care Advisory Council. This rulemaking expands the definition for "Access to Children" to establish that all individuals with access to children in care will be required to submit to the required background checks. This rulemaking adds a definition for "Base Wages and Salary".
The definition for "Work" is expanded to include additional options for parents. The definition for "Family" is expanded to include additional custody arrangements. This rulemaking makes the requirements for reporting changes that affect child care eligibility more flexible. So that clients remain eligible for child care assistance during brief transitions, teen parents will now remain eligible for child care assistance during the summer months and during a three-month period after graduation in order to secure employment or to prepare for higher education.
This rulemaking makes parents or other relatives who are working and are unable to supervise their children eligible for child care assistance. Rather than requiring the applicant to supply documentation, this rulemaking specifies that child care staff will use Department computerized case information systems to document participation in a Department approved program.
The requirements for social service agencies that provide recognized English as a Second Language (ESL) and other adult education courses and programs will now be more flexible. The eligibility and participation requirements for vocation education programs, for post-secondary education or training programs and for web-based classes are also made more flexible by this rulemaking. The provisions for child care during study time have also been expanded. Regarding the termination of child care assistance, if it is determined that the child is no longer enrolled with the approved child care provider,
child care assistance will be terminated immediately. Previously, additional days of child care would not be granted for study time. As a result of this rulemaking, when approved by the Bureau of Child Care and Development, study time can now be granted to add an extra day of care.
This rulemaking makes changes regarding the earned income that is considered when determining eligibility for child care assistance. This rulemaking clarifies that only gross base wages and salaries will be considered in determining the household’s earned income. This rulemaking exempts lottery winning or proceeds obtained by gambling as well as other forms of non-recurrent or inconsistent income from consideration. As a result of this rulemaking, individuals who are 19-20 years old will be included in the family-size for the household but their earned income will be disregarded.
This rulemaking also clarifies the eligibility requirements for parents who are in the military. The requirements to maintain child care arrangements are expanded by providing that the parent must report a loss of employment or a break in the approved activity within 30 days of the loss or break. Families will be eligible to receive child care assistance for up to three 30-day periods in any 12-month period.
For questions or comments, contact Tracie Drew, Chief, Bureau of Administrative Rules and Procedures, DHS100 S. Grand Avenue East, Harris Building 3rd Floor, Springfield, IL 62762, or call (217) 785-9772. Click here to submit comments.
The following rule will impact businesses involved in oil extraction, municipalities, non-profits and landowners:
The Department of Natural Resources proposed a new Part titled “The Hydraulic Fracturing Regulatory Act” (62 Ill. Adm. Code 245; 37 Ill. Reg. 18097) implementing the Act, which authorizes and regulates the practice of hydraulic fracturing (fracking) to unearth oil deposits. The new Part defines terms related to fracking, incorporates national standards, and addresses topics such as bond and collateral security; the process for obtaining permits, public comment and hearings; well site preparation and construction; water quality monitoring; plugging and restoration of land after the fracking process is complete; and enforcement of the Act and rules through administrative penalties, remediation or other measures. Applicants for fracking permits must pay a non-refundable fee of $13,500, plus a permit bond of $50,000 per permit or a blank bond of $500,000 for multiple permits, and must show DNR proof of at least $5 million in insurance coverage. Non-refundable fees for modification of a permit or permit application are $13,500 for significant modifications and $5,000 for insignificant modifications. These amendments are too detailed to describe in their entirety; for further information see the November 15th Illinois Register or contact DNR.
Bottom Line: These rules regulate the permitting, drilling, construction, operation and plugging of wells and the restoration of well sites where high volume horizontal hydraulic fracturing operations are conducted. For questions or comments, contact Robert Mool, DNR, at (217) 782-1809. Click here to submit comments.
The Office of the State Fire Marshall proposed rules which will impact persons engaged in the business of installing or repairing fire sprinkler systems in Illinois; or those that install, repair, alter, service, recharge, maintain, inspect, test or replace fire suppression devices or systems that are other than automatic water sprinkler systems in Illinois:
The Office of the State Fire Marshall proposed amendments to “Fire Sprinkler Contractor Licensing Rules“(41 Ill. Adm. Code 109; 37 Ill. Reg. 18236) and “Fire Equipment Administrative Procedures” (41 Ill. Am. Code 109; 37 Ill. Reg. 18240). In Part 109, OSFM is setting the fee for a duplicate license at $50. In Part 280, OSFM is implementing a flat $50 reinstatement fee instead of a structured one for distributors and individuals.
Bottom Line: For questions or to submit comments, contact Kevin Switzer, Director, Division of Fire Prevention, Office of the State Fire Marshal, 1035 Stevenson Drive, Springfield, IL 62703, or call (217) 558-0639, or email Kevin.Switzer@Illinois.gov. Click here to submit comments.
The Department of Revenue proposed a new part which will impact small businesses that own or operate live adult entertainment facilities:
The Department of Revenue proposed a new Part titled “Live Adult Entertainment Facility Surcharge Act” (86 Ill. Adm. Code 900; 37 Ill. Reg. 18832) implementing PA 97-1037, which imposes an annual surcharge on strip clubs. The surcharge is $3 per customer or, alternatively, a flat charge based upon annual gross receipts subject to sales tax ($5000 if gross receipts are less than $500,000; $15,000 if gross receipts are between $500,000 and $2 million; $25,000 if gross receipts are $2 million or more). Facilities subject to the charge include any strip club or other facility that serves alcohol or allows its consumption on the premises and which hosts nude or semi-nude dancing/performing at least 30 days per calendar year. The part details persons subject to the surcharge, returns to be filed, recordkeeping and penalties and interest assessment procedures.
Bottom Line: The proposed Part 900 implements Public Act 97-1035, the Live Adult Entertainment Facility Surcharge Act, codified at 35 Ill. ILCS 175 (Act). The Act imposes an annual surcharge upon each operator that operates a live adult entertainment facility, commonly known as a striptease club. The surcharge is $3 per person admitted to a facility; or alternatively, $25,000 if gross receipts taxable under Retailers’ Occupation Tax Act are equal to or greater than $2,000,000; $15,000 if gross receipts taxable under ROTA are equal to or greater than $500,000 but are less than $2,000,000; or $5,000 if gross receipts taxable under ROTA are less than $500,000. “Live adult entertainment facility” means a striptease club or other business that serves or permits the consumption of alcohol on its premises, and during at least 30 consecutive or nonconsecutive days in a calendar year, offers or provides activities by employees, agents or contracts of the business that involve nude or partially nude individuals that, when considered as a whole, appeal primarily to an interest in nudity or sex. The proposed part addresses the nature and rate of the surcharge, persons subject to the surcharge, tax returns that must be filed by an operator, books and records that must be kept by an operator, and penalties and interest that may be assessed against an operator for failure to comply with the act. For questions or comments, contact Rick Wolters, Associate Council, Illinois Department of Revenue at (217) 782-2844. Click here to submit comments.
The Department of Financial and Professional Regulation proposed amendments that will impact massage therapists:
The Department of Financial and Professional Regulation proposed amendments to “Massage Licensing Act” (68 Ill. Adm. Code 1284; 37 Ill. Reg. 18400) updating the fingerprint requirement for applicants. Applicants may now use a vendor agency approved by DFPR in addition to the Illinois State Police or a live scan vendor whose equipment has been certified by the Illinois State Police. Additionally, fingerprints must be taken within 60 days before application. Finally, massage therapist training is updated to include equivalent credit hours for the minimum 600 clock hours of instruction.
Bottom Line: The proposed amendments will require an applicant to verify that his or her fingerprints have been processed by a licensed fingerprint vendor, as required by Section 15(b) of the Act [225 ILCS 57/15(b). Additionally these amendments will add a “credit hours” equivalency as an option when applying for licensure to the already existing classroom hours language, to aid massage therapy students when applying for federal student loans. For questions or to submit comments, contact Craig Cellini at (217) 785-0813 or email Craig.Cellini@Illinois.gov. Click here to submit comments.