HB1442 98TH GENERAL ASSEMBLY

LRB098 07973 JDS 38062 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1442

Introduced , by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:

New Act

Creates the Business Mandate Note Act. Provides that every bill and proposed rule the purpose or effect of which is to directly increase the cost of doing business in the State shall have prepared for it a brief explanatory statement or note that shall include a reliable estimate of certain anticipated impacts. Provides that the Department of Commerce and Economic Opportunity shall prepare the business mandate note. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Business Mandate Note Act.

Section 5. Definitions. As used in this Act:

"Agency" has the meaning established in Section 1-20 of the Illinois Administrative Procedure Act.

"Department" means the Department of Commerce and Economic Opportunity.

"Rule" has the meaning established in Section 1-70 of the Illinois Administrative Procedure Act.

Section 10. Applicability.

(a) Every bill, except those making a direct appropriation, the purpose or effect of which is to directly increase the cost of doing business in the State shall have prepared for it, before second reading in the house of introduction, a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact.

(b) Every proposed rule of an agency, the purpose or effect of which is to directly increase the cost of doing business in the State shall have prepared for it, before approval by the Joint Committee on Administrative Rules pursuant to the Illinois Administrative Procedure Act, a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact.

(c) These statements or notes shall be known as business mandate notes.

Section 15. Preparation. The sponsor of each bill, or the agency proposing a rule, to which Section 10 applies, shall present a copy of the bill or proposed rule, with the request for a business mandate note, to the Department. The business mandate note shall be prepared by the Department and submitted to the sponsor of the bill or the agency within 5 calendar days, except that whenever, because of the complexity of the measure, additional time is required for the preparation of the business mandate note, the Department may inform the sponsor of the bill or the agency, and the sponsor or agency may approve an extension of the time within which the note is to be submitted, not to extend, however, beyond June 15, following the date of the request. The Department may seek assistance from a statewide organization representing the business community in the preparation of a business mandate note. If, in the opinion of the Department, there is insufficient information to prepare a reliable estimate of the anticipated impact, a statement to that effect can be filed and shall meet the requirements of this Act.

Section 20. Vote on necessity of business mandate note. Whenever the sponsor of a bill is of the opinion that no business mandate note is required, any member of either house may request that a note be obtained, and in that case the applicability of this Act shall be decided by a majority of those present and voting in the house of which the sponsor is a member.

Section 25. Requisites and contents. The note shall be factual in nature, as brief and concise as may be, and shall provide a reliable estimate in dollars and, in addition, it shall include both the immediate effect and, if determinable or reasonably foreseeable, the long range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. A brief summary or work sheet of computations used in arriving at business mandate note figures shall be included.

Section 30. Comment or opinion; technical or mechanical defects. No comment or opinion shall be included in the business mandate note with regard to the merits of the measure for which the business mandate note is prepared; however, technical or mechanical defects may be noted.

Section 35. Appearance of State officials and employees in support or opposition of measure. The fact that a business mandate note is prepared for a bill or proposed rule shall not preclude or restrict the appearance before a committee of the General Assembly, or before the Joint Committee on Administrative Rules, of any official or authorized employee of the Department who desires to be heard in support of or in opposition to the measure.

Section 40. Amendment of bill necessitating statement of fiscal effect of proposed amendment. Whenever a committee of either house reports a bill with an amendment that will substantially affect the figures stated in the business mandate note attached to the measure at the time of its referral to the committee, there shall be included with the report of the committee a statement of the effect of the change proposed by the amendment reported if desired by a majority of the committee. Whenever a bill is amended on the floor of either house to substantially affect the figures as stated in the business mandate note attached to the bill before the amendment, a majority of the members of that house may propose that no action shall be taken on the amendment until the sponsor of the amendment presents to the members a statement of the business impact of the proposed amendment.

Section 50. Relation to Illinois Administrative Procedure Act. Nothing in this Act shall be construed to conflict with the Illinois Administrative Procedure Act.

Section 99. Effective date. This Act takes effect upon becoming law.