Illinois General Assembly - Bill Status for HB5191
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 Bill Status of HB5191  96th General Assembly

Short Description:  ADMIN PRO-SMALL BUSINESS

House Sponsors
Rep. Mike Fortner - Jack D. Franks - Sandy Cole - Kay Hatcher - Sidney H. Mathias, Patricia R. Bellock, Michael P. McAuliffe, Bob Biggins, Roger L. Eddy, Mark H. Beaubien, Jr., JoAnn D. Osmond, Renée Kosel, Rich Brauer, Lisa M. Dugan, Darlene J. Senger, Elizabeth Coulson, Dennis M. Reboletti and Robert W. Pritchard

Senate Sponsors
(Sen. J. Bradley Burzynski and Kyle McCarter)

Last Action
DateChamber Action
  8/20/2010HousePublic Act . . . . . . . . . 96-1448

Statutes Amended In Order of Appearance
5 ILCS 100/5-30from Ch. 127, par. 1005-30
5 ILCS 100/5-130from Ch. 127, par. 1005-130


Synopsis As Introduced
Amends the Illinois Administrative Procedure Act. Requires that the economic impact analysis for a proposed rule affecting small businesses be prepared by the agency promulgating the rule (now, the Business Assistance Office of the Department of Commerce and Economic Opportunity). Requires each agency to perform periodic reviews of its rules in order to evaluate their affect upon small businesses.

House Committee Amendment No. 1
Deletes reference to:
5 ILCS 100/5-130

Deletes everything after the enacting clause. Reinserts the bill as introduced with the following changes: Provides that the economic impact analysis for a proposed rule affecting small business may be prepared by the Business Assistance Office of the Department of Commerce and Economic Opportunity at the request of the agency proposing the rule. Removes the requirement that agencies perform periodic reviews of their rules in order to evaluate their effect on small businesses.

House Floor Amendment No. 2
Deletes everything after the enacting clause. Reinserts the provisions of House Amendment No. 1 with the following changes: Requires the analysis before a rule is filed (instead of before a rule is adopted). Requires that the analysis be completed before (instead of within) the first notice period. Removes the authority of a State agency that enforces federal standards or administers federal programs from using an analysis prepared by, or with the assistance of, the relevant federal agency. Exempts emergency rules and rules to which the Act's general rulemaking procedures do not apply from the requirements of preparing and submitting a small business impact analysis.

Senate Floor Amendment No. 2
Replaces everything after the enacting clause with the engrossed bill with the following changes: Specifies that the small business impact analysis requirement occurs before a proposed rule or amendment is filed for publication in the Illinois Register (instead of before it is filed). Removes the requirement that the Business Assistance Office prepare the small business impact analysis at the request of the State agency proposing the rule or amendment. Adds to the information required in the small business impact analysis. Restores the Act's requirement that the Business Assistance Office prepare an economic impact analysis of any proposed rule or amendment; requires that the Office do so before or within (instead of within) the first notice period. Does not restore the required contents of the economic impact analysis. Removes the provision that emergency rulemaking is exempt from the analysis requirement.

Actions 
DateChamber Action
  1/29/2010HouseFiled with the Clerk by Rep. Mike Fortner
  2/1/2010HouseFirst Reading
  2/1/2010HouseReferred to Rules Committee
  2/10/2010HouseAdded Co-Sponsor Rep. Sandy Cole
  2/10/2010HouseAdded Co-Sponsor Rep. Kay Hatcher
  2/10/2010HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  2/10/2010HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  2/10/2010HouseAdded Co-Sponsor Rep. Michael P. McAuliffe
  2/10/2010HouseAdded Co-Sponsor Rep. Bob Biggins
  2/10/2010HouseAdded Co-Sponsor Rep. Roger L. Eddy
  2/10/2010HouseAdded Co-Sponsor Rep. Mark H. Beaubien, Jr.
  2/10/2010HouseAdded Co-Sponsor Rep. JoAnn D. Osmond
  2/10/2010HouseAdded Co-Sponsor Rep. Renée Kosel
  2/10/2010HouseAdded Co-Sponsor Rep. Rich Brauer
  2/16/2010HouseAssigned to State Government Administration Committee
  3/10/2010HouseAdded Chief Co-Sponsor Rep. Jack D. Franks
  3/10/2010HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  3/10/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by State Government Administration Committee
  3/10/2010HouseHouse Committee Amendment No. 1 Adopted in State Government Administration Committee; by Voice Vote
  3/10/2010HouseDo Pass as Amended / Short Debate State Government Administration Committee; 015-000-000
  3/10/2010HousePlaced on Calendar 2nd Reading - Short Debate
  3/23/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Mike Fortner
  3/23/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/24/2010HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  3/24/2010HouseSecond Reading - Short Debate
  3/24/2010HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  3/24/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/25/2010HouseThird Reading - Short Debate - Passed 114-000-000
  3/25/2010HouseAdded Co-Sponsor Rep. Darlene J. Senger
  3/25/2010HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  3/25/2010HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  3/25/2010HouseRemoved Co-Sponsor Rep. Sandy Cole
  3/25/2010HouseRemoved Co-Sponsor Rep. Kay Hatcher
  3/25/2010HouseAdded Chief Co-Sponsor Rep. Sandy Cole
  3/25/2010HouseRemoved Co-Sponsor Rep. Sidney H. Mathias
  3/25/2010HouseAdded Chief Co-Sponsor Rep. Kay Hatcher
  3/25/2010HouseAdded Chief Co-Sponsor Rep. Sidney H. Mathias
  4/6/2010SenateArrive in Senate
  4/6/2010SenatePlaced on Calendar Order of First Reading April 13, 2010
  4/13/2010SenateChief Senate Sponsor Sen. J. Bradley Burzynski
  4/14/2010SenateFirst Reading
  4/14/2010SenateReferred to Assignments
  4/14/2010SenateAssigned to State Government and Veterans Affairs
  4/22/2010SenateDo Pass State Government and Veterans Affairs; 008-000-000
  4/22/2010SenatePlaced on Calendar Order of 2nd Reading April 23, 2010
  4/27/2010SenateSecond Reading
  4/27/2010SenatePlaced on Calendar Order of 3rd Reading April 28, 2010
  4/27/2010SenateAdded as Alternate Co-Sponsor Sen. Kyle McCarter
  4/28/2010SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. J. Bradley Burzynski
  4/28/2010SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/29/2010SenateSenate Floor Amendment No. 1 Assignments Refers to State Government and Veterans Affairs
  4/30/2010SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. J. Bradley Burzynski
  4/30/2010SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/3/2010SenateSenate Floor Amendment No. 2 Assignments Refers to State Government and Veterans Affairs
  5/3/2010SenateSenate Floor Amendment No. 1 Tabled in State Government and Veterans Affairs
  5/3/2010SenateSenate Floor Amendment No. 2 Recommend Do Adopt State Government and Veterans Affairs; 009-000-000
  5/4/2010SenateRecalled to Second Reading
  5/4/2010SenateSenate Floor Amendment No. 2 Adopted; Burzynski
  5/4/2010SenatePlaced on Calendar Order of 3rd Reading
  5/4/2010SenateThird Reading - Passed; 057-000-000
  5/4/2010HouseArrived in House
  5/4/2010HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/4/2010HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Mike Fortner
  5/4/2010HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/6/2010HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/26/2010HouseSenate Floor Amendment No. 2 House Concurs 111-000-000
  5/26/2010HouseAdded Co-Sponsor Rep. Robert W. Pritchard
  5/26/2010HousePassed Both Houses
  6/24/2010HouseSent to the Governor
  8/20/2010HouseGovernor Approved
  8/20/2010HouseEffective Date January 1, 2011
  8/20/2010HousePublic Act . . . . . . . . . 96-1448

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