Full Text of HB0577 95th General Assembly
HB0577 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0577
Introduced 2/5/2007, by Rep. Michael Tryon SYNOPSIS AS INTRODUCED: |
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New Act |
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30 ILCS 805/8.31 new |
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Creates the Small Business Protection Act. Sets forth notice, comment, and hearing procedures that the State, a unit of local government, a school district, or a not-for-profit entity that receives governmental funding must follow before providing assistance to another such entity. Requires a hearing if a competing small business would lose market share because of the assistance. Preempts home rule powers. Exempts from the reimbursement requirements of the State Mandates Act.
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FISCAL NOTE ACT MAY APPLY |
HOME RULE NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB0577 |
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LRB095 07606 RCE 27756 b |
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| AN ACT concerning small business protection.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Small | 5 |
| Business Protection Act. | 6 |
| Section 5. Definitions. In this Act:
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| "Outside assistance" means grants, loans, tax incentives, | 8 |
| or other financial assistance or incentives (i) provided by the | 9 |
| State, any unit of local government, any school district, or | 10 |
| any not-for-profit entity that receives governmental funding | 11 |
| and (ii) provided to any State agency, unit of local | 12 |
| government, school district, or not-for-profit entity.
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| "Small business" means any proprietorship, partnership, | 14 |
| corporation, or other business entity, including its | 15 |
| affiliates, that is independently owned and operated, is | 16 |
| conducted for profit, and employs fewer than 50 full-time | 17 |
| employees or has gross annual sales of less than $4,000,000. | 18 |
| Section 10. Procedures to provide protection. | 19 |
| (a) Prior to providing outside assistance, the entity | 20 |
| proposing to provide that outside assistance must exert due | 21 |
| diligence to determine the impact that providing the outside | 22 |
| assistance will have on existing small businesses in the |
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HB0577 |
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LRB095 07606 RCE 27756 b |
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| affected geographic area. This must include at least 2 notices, | 2 |
| at least one week apart, in a newspaper of general circulation | 3 |
| in the area stating that the outside assistance is proposed to | 4 |
| be provided, giving the details of the outside assistance and | 5 |
| how and by whom it is expected to be used, and inviting | 6 |
| comments from the public and affected small businesses. | 7 |
| (b) Any small business that believes there is a bona fide | 8 |
| potential that the outside investment will take away a | 9 |
| significant market share from that small business may demand a | 10 |
| hearing by making the demand in writing to the entity proposing | 11 |
| to provide the outside assistance within 30 days after the | 12 |
| second notice under subsection (a) is published. The Department | 13 |
| of Commerce and Economic Opportunity must conduct the hearing | 14 |
| if the outside assistance is to be provided by the State or a | 15 |
| not-for-profit entity that receives governmental funding. The | 16 |
| hearing must otherwise be conducted by the unit of local | 17 |
| government or school district proposing to provide the outside | 18 |
| assistance. Adequate and informative public notice of the time, | 19 |
| place, and subject matter of the hearing must be given at least | 20 |
| 2 times, at least one week apart, in a newspaper of general | 21 |
| circulation in the area. Small businesses and other affected | 22 |
| parties shall be allowed to present testimony and other | 23 |
| evidence at the hearing and to make arguments for their point | 24 |
| of view, all of which must be taken into consideration before | 25 |
| any outside assistance is provided. |
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HB0577 |
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LRB095 07606 RCE 27756 b |
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| Section 15. Home rule. A home rule unit may not provide | 2 |
| outside assistance in a manner inconsistent with this Act. This | 3 |
| Section is a limitation under subsection (i) of Section 6 of | 4 |
| Article VII of the Illinois Constitution on the concurrent | 5 |
| exercise by home rule units of powers and functions exercised | 6 |
| by the State. | 7 |
| Section 90. The State Mandates Act is amended by adding | 8 |
| Section 8.31 as follows: | 9 |
| (30 ILCS 805/8.31 new) | 10 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 11 |
| of this Act, no reimbursement by the State is required for the | 12 |
| implementation of any mandate created by this amendatory Act of | 13 |
| the 95th General Assembly.
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