Full Text of HB1084 97th General Assembly
HB1084eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Business Mandate Note Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Business mandate" means any State-initiated statutory or | 8 | | executive action that requires a business to establish, expand, | 9 | | or modify its activities in such a way as to necessitate | 10 | | additional costs of doing business, excluding any order issued | 11 | | by a court other than any order enforcing such statutory or | 12 | | executive action. | 13 | | "Department" means the Department of Commerce and Economic | 14 | | Opportunity. | 15 | | Section 10. Applicability. | 16 | | (a) Every bill, except those making a direct appropriation, | 17 | | the purpose or effect of which is to directly increase the cost | 18 | | of doing business in the State shall have prepared for it, | 19 | | before second reading in the house of introduction, a brief | 20 | | explanatory statement or note that shall include a reliable | 21 | | estimate of the anticipated impact. | 22 | | (b) Every proposed rule of an agency, the purpose or effect |
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| 1 | | of which is to directly increase the cost of doing business in | 2 | | the State shall have prepared for it, before approval by the | 3 | | Joint Committee on Administrative Rules pursuant to the | 4 | | Illinois Administrative Procedure Act, a brief explanatory | 5 | | statement or note that shall include a reliable estimate of the | 6 | | anticipated impact. As used in this Act, "rule" and "agency" | 7 | | have the same meanings as in the Illinois Administrative | 8 | | Procedure Act. | 9 | | (c) These statements or notes shall be known as business | 10 | | mandate notes. | 11 | | Section 15. Preparation. The sponsor of each bill, or the | 12 | | agency proposing a rule, to which Section 10 applies, shall | 13 | | present a copy of the bill or proposed rule, with the request | 14 | | for a business mandate note, to the Department. The business | 15 | | mandate note shall be prepared by the Department and submitted | 16 | | to the sponsor of the bill or the agency within 5 calendar | 17 | | days, except that whenever, because of the complexity of the | 18 | | measure, additional time is required for the preparation of the | 19 | | business mandate note, the Department may inform the sponsor of | 20 | | the bill or the agency, and the sponsor or agency may approve | 21 | | an extension of the time within which the note is to be | 22 | | submitted, not to extend, however, beyond June 15, following | 23 | | the date of the request. The Department may seek assistance | 24 | | from a statewide organization representing the business | 25 | | community in the preparation of a business mandate note. If, in |
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| 1 | | the opinion of the Department, there is insufficient | 2 | | information to prepare a reliable estimate of the anticipated | 3 | | impact, a statement to that effect can be filed and shall meet | 4 | | the requirements of this Act. | 5 | | Section 20. Vote on necessity of business mandate note. | 6 | | Whenever the sponsor of a bill is of the opinion that no | 7 | | business mandate note is required, any member of either house | 8 | | may request that a note be obtained, and in that case the | 9 | | applicability of this Act shall be decided by the majority of | 10 | | those present and voting in the house of which the sponsor is a | 11 | | member. | 12 | | Section 25. Requisites and contents. The note shall be | 13 | | factual in nature, as brief and concise as may be, and shall | 14 | | provide a reliable estimate in dollars and, in addition, it | 15 | | shall include both the immediate effect and, if determinable or | 16 | | reasonably foreseeable, the long range effect of the measure. | 17 | | If, after careful investigation, it is determined that no | 18 | | dollar estimate is possible, the note shall contain a statement | 19 | | to that effect, setting forth the reasons why no dollar | 20 | | estimate can be given. A brief summary or work sheet of | 21 | | computations used in arriving at business mandate note figures | 22 | | shall be included. | 23 | | Section 30. Comment or opinion; technical or mechanical |
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| 1 | | defects. No comment or opinion shall be included in the | 2 | | business mandate note with regard to the merits of the measure | 3 | | for which the business mandate note is prepared; however, | 4 | | technical or mechanical defects may be noted. | 5 | | Section 35. Appearance of State officials and employees in | 6 | | support or opposition of measure. The fact that a business | 7 | | mandate note is prepared for a bill or proposed rule shall not | 8 | | preclude or restrict the appearance before a committee of the | 9 | | General Assembly, or before the Joint Committee on | 10 | | Administrative Rules, of any official or authorized employee of | 11 | | the Department who desires to be heard in support of or in | 12 | | opposition to the measure. | 13 | | Section 40. Amendment of bill necessitating statement of | 14 | | fiscal effect of proposed amendment. Whenever a committee of | 15 | | either house reports a bill with an amendment that will | 16 | | substantially affect the figures stated in the business mandate | 17 | | note attached to the measure at the time of its referral to the | 18 | | committee, there shall be included with the report of the | 19 | | committee a statement of the effect of the change proposed by | 20 | | the amendment reported if desired by a majority of the | 21 | | committee. Whenever a bill is amended on the floor of either | 22 | | house to substantially affect the figures as stated in the | 23 | | business mandate note attached to the bill before the | 24 | | amendment, a majority of the members of that house may propose |
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| 1 | | that no action shall be taken on the amendment until the | 2 | | sponsor of the amendment presents to the members a statement of | 3 | | the business impact of the proposed amendment. | 4 | | Section 45. Collection and maintenance of information | 5 | | concerning business mandates. | 6 | | (a) The Department shall be responsible for: | 7 | | (1) Collecting and maintaining information on business | 8 | | mandates, including information required for effective | 9 | | implementation of the provisions of this Act. | 10 | | (2) Hearing complaints or suggestions from
businesses | 11 | | and other affected organizations as to existing or proposed | 12 | | business mandates. | 13 | | (3) Reporting each year to the Governor and the
General | 14 | | Assembly regarding the administration of provisions of | 15 | | this Act and changes proposed to this Act. | 16 | | The Legislative Research Unit shall conduct public | 17 | | hearings as needed to review the information collected and the | 18 | | recommendations made by the Department under this subsection | 19 | | (a). The Department shall cooperate fully with the Legislative | 20 | | Research Unit, providing any information, supporting | 21 | | documentation, and other assistance required by the | 22 | | Legislative Research Unit to facilitate the conduct of the | 23 | | hearing. | 24 | | (b) Within 2 years following the effective date of this | 25 | | Act, the Department shall collect and tabulate relevant |
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| 1 | | information as to the nature and scope of each existing | 2 | | business mandate, including but not necessarily limited to (i) | 3 | | the identity of the types of business to which the mandate is | 4 | | directed; (ii) whether or not an identifiable direct cost is | 5 | | necessitated by the mandate and the estimated annual amount; | 6 | | (iii) the extent of State financial participation, if any, in | 7 | | meeting identifiable costs; (iv) the State agency, if any, | 8 | | charged with supervising the implementation of the mandate; and | 9 | | (v) a brief description of the mandate and a citation of its | 10 | | origin in statute or regulation. | 11 | | (c) The resulting information from subsection (b) shall be | 12 | | published in a catalog available to members of the General | 13 | | Assembly, State and local officials, and interested citizens. | 14 | | As new mandates are enacted they shall be added to the catalog, | 15 | | and each January 31 the Department shall list each new mandate | 16 | | enacted at the preceding session of the General Assembly and | 17 | | the estimated additional identifiable direct costs, if any, | 18 | | imposed upon businesses. A revised version of the catalog shall | 19 | | be published every 2 years beginning with the publication date | 20 | | of the first catalog. | 21 | | Section 50. Illinois Administrative Procedure Act. Nothing | 22 | | in this Act shall be construed to conflict with the Illinois | 23 | | Administrative Procedure Act (5 ILCS 100/).
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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