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| 1 | HOUSE RESOLUTION
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| 2 | WHEREAS, The Office of the State Fire Marshal is | ||||||
| 3 | considering adopting rules, under the administrative rules | ||||||
| 4 | process that is controlled by the Illinois Administrative | ||||||
| 5 | Procedure Act, that would affect the market prices of many | ||||||
| 6 | forms of housing constructed throughout Illinois, including | ||||||
| 7 | the supply of housing aimed at satisfying the needs of | ||||||
| 8 | first-time homeowners and young families; and
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| 9 | WHEREAS, Much of the housing of Illinois is constructed by | ||||||
| 10 | small businesses and their workers; "small business" is defined | ||||||
| 11 | under the Illinois Administrative Procedure Act as those firms | ||||||
| 12 | with fewer than 50 full-time employees, or having gross annual | ||||||
| 13 | sales of less than $4 million; and
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| 14 | WHEREAS, The Illinois Administrative Procedure Act (5 ILCS | ||||||
| 15 | 100/5-30) requires that all of the rules promulgated by State | ||||||
| 16 | agencies under its umbrella be promulgated with the goal of | ||||||
| 17 | maximizing the welfare and job-creating ability of Illinois | ||||||
| 18 | small businesses and preventing damages to their interests; and
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| 19 | WHEREAS, Illinois statutory law recognizes the interest of | ||||||
| 20 | first-time home buyers and potential first-time home buyers as | ||||||
| 21 | a stakeholding group, and defines them in law (765 ILCS | ||||||
| 22 | 77/70(a)); and
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| 1 | WHEREAS, Any rulemaking that imposes unfunded mandates | ||||||
| 2 | directly upon the homebuilding industry, and indirectly upon | ||||||
| 3 | first-time home buyers, raises questions and concerns about the | ||||||
| 4 | ability of the State of Illinois to achieve other pre-existing | ||||||
| 5 | policy goals; and
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| 6 | WHEREAS, The reported terms of a rulemaking concerning fire | ||||||
| 7 | sprinklers on residential property, being considered by the | ||||||
| 8 | Office of the State Fire Marshal as of May 2013, extend well | ||||||
| 9 | beyond the statutory powers and responsibilities of the Office; | ||||||
| 10 | therefore, be it
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| 11 | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | ||||||
| 12 | NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | ||||||
| 13 | we request that the State Fire Marshal withdraw any pending | ||||||
| 14 | rulemaking or rulemakings that may be under consideration as of | ||||||
| 15 | May 2013 that attempt to increase the placement of | ||||||
| 16 | fire-suppression sprinklers in Illinois residential properties | ||||||
| 17 | that impose requirements upon the Illinois private sector in a | ||||||
| 18 | way that goes beyond the statutory powers and duties of the | ||||||
| 19 | Office and impose an undue burden upon Illinois small | ||||||
| 20 | businesses and Illinois first-time home buyers, in violation of | ||||||
| 21 | other statutes within Illinois law; and be it further
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| 22 | RESOLVED, That the Office of the State Fire Marshal is | ||||||
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| 1 | urged, if it seeks to utilize its professional expertise to | ||||||
| 2 | develop ways and means to increase utilization of fire-safety | ||||||
| 3 | sprinklers in residential settings, to utilize the statutory | ||||||
| 4 | legislative process; and be it further | ||||||
| 5 | RESOLVED, That suitable copies of this resolution be | ||||||
| 6 | delivered to the Illinois State Fire Marshal and the Governor.
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