SB2623 95TH GENERAL ASSEMBLY

LRB095 19611 JAM 45946 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2623

Introduced 2/15/2008, by Sen. Matt Murphy

SYNOPSIS AS INTRODUCED:

25 ILCS 50/1	from Ch. 63, par. 42.31
25 ILCS 50/2	from Ch. 63, par. 42.32
25 ILCS 50/3 rep.
25 ILCS 50/7 rep.

Amends the Fiscal Note Act. Requires that a fiscal note be prepared for each legislative bill, other than an appropriation bill, before third reading but after second reading in each chamber (now, only certain bills and before second reading in the house of introduction). Provides that the Secretary of the Senate or the Clerk of the House, as the case may be, rather than the sponsor, shall request agencies to prepare fiscal notes. Makes other changes.

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 5. The Fiscal Note Act is amended by changing Sections 1 and 2 as follows:

(25 ILCS 50/1) (from Ch. 63, par. 42.31)

Sec. 1. Every bill, except those bills making a direct appropriation, (1) the purpose or effect of which is (i) to expend any State funds or to increase or decrease the revenues of the State, either directly or indirectly, or (ii) to require the expenditure of their own funds by, or to increase or decrease the revenues of, units of local government, school districts or community college districts, or to revise the distribution of State funds among units of local government, school districts, or community college districts, either directly or indirectly, or (2) that amends the Mental Health and Developmental Disabilities Code or the Developmental Disability and Mental Disability Services Act shall have prepared for it prior to third second reading but after second reading in each chamber the house of introduction a brief explanatory statement or note that which, for a bill under item (1), shall include a reliable estimate of the anticipated change in State, local governmental, school district, or community college district expenditures or direct or indirect revenues under its provisions, and, for a bill that amends the Mental Health and Developmental Disabilities Code or the Developmental Disability and Mental Disability Services Act under item (2), shall include a reliable estimate of the fiscal impact of its provisions upon community agencies. For purposes of this Act, indirect revenues include, but are not limited to, increased tax revenues or other increased revenues resulting from economic development, job creation, or cost reduction. The statement or note shall also include an explanation of the methodology used to determine the estimated direct and indirect costs or estimated impact on community agencies. Any notes for bills having a fiscal impact on units of local government, school districts or community college districts shall include such cost estimates as may be required under the State Mandates Act.

If a bill authorizes capital expenditures or appropriates funds for capital expenditures, a statement shall be prepared by the Governor's Office of Management and Budget specifying by year any principal and interest payments required to finance such capital expenditures.

If a bill authorizes the issuance of bonds, a statement or note shall be prepared by the Governor's Office of Management and Budget specifying the estimated total principal and interest payments (assuming interest is paid at a fixed rate) if all of the bonds authorized were issued. The statement or note shall include the total principal on all other then-outstanding Bonds of the State.

These statements or notes shall be known as "fiscal notes".

(Source: P.A. 92-567, eff. 1-1-03; 93-839, eff. 7-30-04.)

(25 ILCS 50/2) (from Ch. 63, par. 42.32)

Sec. 2. The Secretary of the Senate or the Clerk of the House, as the case may be, sponsor of each bill, referred to in Section 1, shall present a copy of each the bill, with his or her request for a fiscal note, to the board, commission, department, agency, or other entity of the State which is to receive or expend the appropriation proposed or which is responsible for collection of the revenue proposed to be increased or decreased, or to be levied or provided for. The Secretary of the Senate or the Clerk of the House, as the case may be, shall present a copy of each sponsor of a bill that amends the Mental Health and Developmental Disabilities Code or the Developmental Disability and Mental Disability Services Act shall present a copy of the bill, with his or her request for a fiscal note, to the Department of Human Services. The fiscal note shall be prepared by such board, commission, department, agency, or other entity and furnished to the Secretary of the Senate or the Clerk of the House, as the case may be, sponsor of the bill within 5 calendar days thereafter; except that whenever, because of the complexity of the measure, additional time is required for preparation of the fiscal note, the board, commission, department, agency, or other entity may so inform the Secretary of the Senate or the Clerk of the House, as the case may be, sponsor of the bill and he or she may approve an extension of the time within which the note is to be furnished, not to extend, however, beyond June 15, following the date of the request. Whenever any measure for which a fiscal note is required affects more than one State board, commission, department, agency, or other entity, the board, commission, department, agency, or other entity most affected by its provisions according to the Secretary of the Senate or the Clerk of the House, as the case may be, sponsor shall be responsible for preparation of the fiscal note. Whenever any measure for which a fiscal note is required does not affect a specific board, commission, department, agency or other such entity, or does not amend the Mental Health and Developmental Disabilities Code or the Developmental Disability and Mental Disability Services Act, the Secretary of the Senate or the Clerk of the House, as the case may be, shall present a copy of the bill to the Commission on Government Forecasting and Accountability, which sponsor of the measure shall be responsible for preparation of the fiscal note.

In the case of bills having a potential fiscal impact on units of local government, the fiscal note shall be prepared by the Department of Commerce and Economic Opportunity. In the case of bills having a potential fiscal impact on school districts, the fiscal note shall be prepared by the State Superintendent of Education. In the case of bills having a potential fiscal impact on community college districts, the fiscal note shall be prepared by the Illinois Community College Board.

(Source: P.A. 94-793, eff. 5-19-06.)

(25 ILCS 50/3 rep.)

(25 ILCS 50/7 rep.)

Section 10. The Fiscal Note Act is amended by repealing Sections 3 and 7.