Bill Text: IL HB1084 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Passed) 2012-06-29 - Public Act . . . . . . . . . 97-0719 [HB1084 Detail]

Download: Illinois-2011-HB1084-Engrossed.html

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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:
"Business mandate" means any State-initiated statutory or
executive action that requires a business to establish, expand,
or modify its activities in such a way as to necessitate
additional costs of doing business, excluding any order issued
by a court other than any order enforcing such statutory or
executive action.
"Department" means the Department of Commerce and Economic
Opportunity.
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

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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. As used in this Act, "rule" and "agency"
have the same meanings as in the Illinois Administrative
Procedure Act.
(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

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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 the 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

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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

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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 45. Collection and maintenance of information
concerning business mandates.
(a) The Department shall be responsible for:
(1) Collecting and maintaining information on business
mandates, including information required for effective
implementation of the provisions of this Act.
(2) Hearing complaints or suggestions from businesses
and other affected organizations as to existing or proposed
business mandates.
(3) Reporting each year to the Governor and the General
Assembly regarding the administration of provisions of
this Act and changes proposed to this Act.
The Legislative Research Unit shall conduct public
hearings as needed to review the information collected and the
recommendations made by the Department under this subsection
(a). The Department shall cooperate fully with the Legislative
Research Unit, providing any information, supporting
documentation, and other assistance required by the
Legislative Research Unit to facilitate the conduct of the
hearing.
(b) Within 2 years following the effective date of this
Act, the Department shall collect and tabulate relevant

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