Illinois General Assembly - Full Text of HB1084
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Full Text of HB1084  97th General Assembly




State of Illinois
2011 and 2012


Introduced 02/04/11, by Rep. Michelle Mussman


New Act

    Creates the Business Mandate Note Act. Provides that every bill 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. Provides that the Department of Commerce and Economic Opportunity shall prepare the business mandate note. Provides that the Department shall collect and maintain information on business mandates. Effective immediately.

LRB097 06351 PJG 46431 b






HB1084LRB097 06351 PJG 46431 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Business Mandate Note Act.
6    Section 5. Definitions. As used in this Act:
7    "Business mandate" means any State-initiated statutory or
8executive action that requires a business to establish, expand,
9or modify its activities in such a way as to necessitate
10additional costs of doing business, excluding any order issued
11by a court other than any order enforcing such statutory or
12executive action.
13    "Department" means the Department of Commerce and Economic
15    Section 10. Applicability.
16    (a) Every bill, except those making a direct appropriation,
17the purpose or effect of which is to directly increase the cost
18of doing business in the State shall have prepared for it,
19before second reading in the house of introduction, a brief
20explanatory statement or note that shall include a reliable
21estimate of the anticipated impact.
22    (b) Every proposed rule of an agency, the purpose or effect



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1of which is to directly increase the cost of doing business in
2the State shall have prepared for it, before approval by the
3Joint Committee on Administrative Rules pursuant to the
4Illinois Administrative Procedure Act, a brief explanatory
5statement or note that shall include a reliable estimate of the
6anticipated impact. As used in this Act, "rule" and "agency"
7have the same meanings as in the Illinois Administrative
8Procedure Act.
9    (c) These statements or notes shall be known as business
10mandate notes.
11    Section 15. Preparation. The sponsor of each bill, or the
12agency proposing a rule, to which Section 10 applies, shall
13present a copy of the bill or proposed rule, with the request
14for a business mandate note, to the Department. The business
15mandate note shall be prepared by the Department and submitted
16to the sponsor of the bill or the agency within 5 calendar
17days, except that whenever, because of the complexity of the
18measure, additional time is required for the preparation of the
19business mandate note, the Department may inform the sponsor of
20the bill or the agency, and the sponsor or agency may approve
21an extension of the time within which the note is to be
22submitted, not to extend, however, beyond June 15, following
23the date of the request. The Department may seek assistance
24from a statewide organization representing the business
25community in the preparation of a business mandate note. If, in



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1the opinion of the Department, there is insufficient
2information to prepare a reliable estimate of the anticipated
3impact, a statement to that effect can be filed and shall meet
4the requirements of this Act.
5    Section 20. Vote on necessity of business mandate note.
6Whenever the sponsor of a bill is of the opinion that no
7business mandate note is required, any member of either house
8may request that a note be obtained, and in that case the
9applicability of this Act shall be decided by the majority of
10those present and voting in the house of which the sponsor is a
12    Section 25. Requisites and contents. The note shall be
13factual in nature, as brief and concise as may be, and shall
14provide a reliable estimate in dollars and, in addition, it
15shall include both the immediate effect and, if determinable or
16reasonably foreseeable, the long range effect of the measure.
17If, after careful investigation, it is determined that no
18dollar estimate is possible, the note shall contain a statement
19to that effect, setting forth the reasons why no dollar
20estimate can be given. A brief summary or work sheet of
21computations used in arriving at business mandate note figures
22shall be included.
23    Section 30. Comment or opinion; technical or mechanical



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1defects. No comment or opinion shall be included in the
2business mandate note with regard to the merits of the measure
3for which the business mandate note is prepared; however,
4technical or mechanical defects may be noted.
5    Section 35. Appearance of State officials and employees in
6support or opposition of measure. The fact that a business
7mandate note is prepared for a bill or proposed rule shall not
8preclude or restrict the appearance before a committee of the
9General Assembly, or before the Joint Committee on
10Administrative Rules, of any official or authorized employee of
11the Department who desires to be heard in support of or in
12opposition to the measure.
13    Section 40. Amendment of bill necessitating statement of
14fiscal effect of proposed amendment. Whenever a committee of
15either house reports a bill with an amendment that will
16substantially affect the figures stated in the business mandate
17note attached to the measure at the time of its referral to the
18committee, there shall be included with the report of the
19committee a statement of the effect of the change proposed by
20the amendment reported if desired by a majority of the
21committee. Whenever a bill is amended on the floor of either
22house to substantially affect the figures as stated in the
23business mandate note attached to the bill before the
24amendment, a majority of the members of that house may propose



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1that no action shall be taken on the amendment until the
2sponsor of the amendment presents to the members a statement of
3the business impact of the proposed amendment.
4    Section 45. Collection and maintenance of information
5concerning 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
17hearings as needed to review the information collected and the
18recommendations made by the Department under this subsection
19(a). The Department shall cooperate fully with the Legislative
20Research Unit, providing any information, supporting
21documentation, and other assistance required by the
22Legislative Research Unit to facilitate the conduct of the
24    (b) Within 2 years following the effective date of this
25Act, the Department shall collect and tabulate relevant



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1information as to the nature and scope of each existing
2business mandate, including but not necessarily limited to (i)
3the identity of the types of business to which the mandate is
4directed; (ii) whether or not an identifiable direct cost is
5necessitated by the mandate and the estimated annual amount;
6(iii) the extent of State financial participation, if any, in
7meeting identifiable costs; (iv) the State agency, if any,
8charged with supervising the implementation of the mandate; and
9(v) a brief description of the mandate and a citation of its
10origin in statute or regulation.
11    (c) The resulting information from subsection (b) shall be
12published in a catalog available to members of the General
13Assembly, State and local officials, and interested citizens.
14As new mandates are enacted they shall be added to the catalog,
15and each January 31 the Department shall list each new mandate
16enacted at the preceding session of the General Assembly and
17the estimated additional identifiable direct costs, if any,
18imposed upon businesses. A revised version of the catalog shall
19be published every 2 years beginning with the publication date
20of the first catalog.
21    Section 99. Effective date. This Act takes effect upon
22becoming law.