Sen. Kwame Raoul
Filed: 5/17/2009
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1 | AMENDMENT TO HOUSE BILL 682
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2 | AMENDMENT NO. ______. Amend House Bill 682 by replacing the | ||||||
3 | title with the following: | ||||||
4 | "AN ACT concerning the General Assembly."; and | ||||||
5 | by replacing everything after the enacting clause with the | ||||||
6 | following:
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7 | "Section 5. The Correctional Budget and Impact Note Act is | ||||||
8 | amended by changing Sections 1, 2, 3, 4, 6, 7, 8, and 9 as | ||||||
9 | follows:
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10 | (25 ILCS 70/1) (from Ch. 63, par. 42.81)
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11 | Sec. 1.
This Act shall be known and may be cited as the | ||||||
12 | Correctional and Human Services Budget and Impact Note Act.
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13 | (Source: P.A. 83-1031.)
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14 | (25 ILCS 70/2) (from Ch. 63, par. 42.82)
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1 | Sec. 2. Budget impact note required.
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2 | (a) Every bill which creates a new criminal offense for | ||||||
3 | which a
sentence to the Department of Corrections may be | ||||||
4 | imposed; or which enhances
any class or category of offense to | ||||||
5 | a higher grade or penalty for which a
sentence to the | ||||||
6 | Department of Corrections is authorized; or which requires
a | ||||||
7 | mandatory commitment to the Department of Corrections, shall | ||||||
8 | have prepared
for it prior to second reading in the house of | ||||||
9 | introduction a brief explanatory
statement or note which shall | ||||||
10 | include a reliable estimate of the probable
impact of such bill | ||||||
11 | upon the overall resident population of the Department
of | ||||||
12 | Corrections and the probable impact which such bill will have | ||||||
13 | upon the
Department's annual budget.
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14 | (b) Every bill that (i) creates a new criminal offense for | ||||||
15 | which a
commitment to the Department of Juvenile Justice or to | ||||||
16 | a juvenile detention facility, sentence of probation,
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17 | intermediate sanctions, or community service may be imposed or | ||||||
18 | (ii) enhances
any class or category of offense to any grade or | ||||||
19 | penalty for which
adjudication, commitment, or disposition by a | ||||||
20 | circuit court to the custody of
a Probation and Court Services | ||||||
21 | Department may result shall have prepared for it
prior to
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22 | second reading in the house of introduction a brief explanatory | ||||||
23 | statement or
note that shall include a reliable estimate of the | ||||||
24 | probable impact of the bill
upon the Department of Juvenile | ||||||
25 | Justice, as well as the overall probation caseload Statewide | ||||||
26 | and the probable impact the bill
will have on staffing needs |
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1 | and upon the annual budgets of the Illinois Supreme
Court and | ||||||
2 | the counties of this State.
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3 | (c) Every bill which creates a new program or service which | ||||||
4 | will be provided by the Department of Human Services, or which | ||||||
5 | expands the class of persons eligible for, or the level of | ||||||
6 | benefits provided by, any existing program or service provided | ||||||
7 | by the Department of Human Services, shall have prepared for it | ||||||
8 | prior to second reading in the house of introduction a brief | ||||||
9 | explanatory statement or note which shall include a reliable | ||||||
10 | estimate of the probable impact of such bill upon the overall | ||||||
11 | resident population of the facilities operated by the | ||||||
12 | Department of Human Services and the probable impact which such | ||||||
13 | bill will have upon the Department's annual budget. | ||||||
14 | (d) Every bill which creates a new program or service which | ||||||
15 | will be provided by the Department of Healthcare and Family | ||||||
16 | Services, or which expands the class of persons eligible for, | ||||||
17 | or the level of benefits provided by, any existing program or | ||||||
18 | service provided by the Department of Healthcare and Family | ||||||
19 | Services, shall have prepared for it prior to second reading in | ||||||
20 | the house of introduction a brief explanatory statement or note | ||||||
21 | which shall include a reliable estimate of the probable impact | ||||||
22 | which such bill will have upon the Department's annual budget. | ||||||
23 | (e) Every bill which creates a new program or service which | ||||||
24 | will be provided by the Illinois State Board of Education, or | ||||||
25 | which expands the class of persons eligible for, or the level | ||||||
26 | of benefits provided by, any existing program or service |
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1 | provided by the Illinois State Board of Education, shall have | ||||||
2 | prepared for it prior to second reading in the house of | ||||||
3 | introduction a brief explanatory statement or note which shall | ||||||
4 | include a reliable estimate of the probable impact which such | ||||||
5 | bill will have upon the Board's annual budget. | ||||||
6 | (Source: P.A. 89-198, eff. 7-21-95.)
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7 | (25 ILCS 70/3) (from Ch. 63, par. 42.83)
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8 | Sec. 3. Preparation of note. | ||||||
9 | (a) Upon the filing request of the sponsor of any bill | ||||||
10 | described in subsection
(a) of Section 2, the Director of the | ||||||
11 | Department of Corrections, or any person
within the Department | ||||||
12 | whom the Director may designate, shall prepare a written
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13 | statement setting forth the information specified in | ||||||
14 | subsection (a) of Section
2. Upon the filing request of the | ||||||
15 | sponsor of any bill described in subsection (b) of
Section 2, | ||||||
16 | the Director of Juvenile Justice and the Director of the | ||||||
17 | Administrative Office of the Illinois
Courts, or any person | ||||||
18 | each the Director may designate, shall prepare a written
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19 | statement setting forth the information specified in | ||||||
20 | subsection (b) of Section
2. Upon the filing of any bill | ||||||
21 | described in subsection (c) of Section 2, the Secretary of the | ||||||
22 | Department of Human Services, or any person within the | ||||||
23 | Department whom the Secretary may designate, shall prepare a | ||||||
24 | written statement setting forth the information specified in | ||||||
25 | subsection (c) of Section 2. Upon the filing of any bill |
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1 | described in subsection (d) of Section 2, the Director of the | ||||||
2 | Department of Healthcare and Family Services, or any person | ||||||
3 | within the Department whom the Director may designate, shall | ||||||
4 | prepare a written statement setting forth the information | ||||||
5 | specified in subsection (d) of Section 2. Upon the filing of | ||||||
6 | any bill described in subsection (e) of Section 2, the State | ||||||
7 | Superintendent of Education, or any person employed by the | ||||||
8 | Board whom the State Superintendent may designate, shall | ||||||
9 | prepare a written statement setting forth the information | ||||||
10 | specified in subsection (e) of Section 2.
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11 | The statement prepared by the Director of Corrections , the | ||||||
12 | Director of Juvenile Justice, the or Director of
Administrative | ||||||
13 | Office of the Illinois Courts, the Secretary of Human Services, | ||||||
14 | the Director of Healthcare and Family Services, or the State | ||||||
15 | Superintendent of Education, as the case may be, shall be
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16 | designated a Correctional and Human Services Budget and Impact | ||||||
17 | Note and shall be filed with the Clerk of the House or the | ||||||
18 | Secretary of the Senate, as appropriate, and furnished to the
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19 | sponsor within 10 calendar days thereafter, except that | ||||||
20 | whenever, because of
the complexity of the bill, additional | ||||||
21 | time is required for the preparation
of the note, the | ||||||
22 | Department of Corrections , Department of Juvenile Justice, or | ||||||
23 | Administrative Office of the
Illinois Courts , Department of | ||||||
24 | Human Services, Department of Healthcare and Family Services, | ||||||
25 | or Illinois State Board of Education may so notify the sponsor | ||||||
26 | and request an extension of time not
to exceed 5 additional |
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1 | days within which such note is to be furnished. Such
extension | ||||||
2 | shall not extend beyond May 15 following the date of the | ||||||
3 | request.
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4 | (b) Upon the filing of any bill requiring the preparation | ||||||
5 | of a written statement under subsection (a), the sponsor of the | ||||||
6 | bill in the house of introduction shall inform the Department | ||||||
7 | of Corrections, the Department of Juvenile Justice, the | ||||||
8 | Administrative Office of the Illinois Courts, the Department of | ||||||
9 | Human Services, the Department of Healthcare and Family | ||||||
10 | Services, or the Illinois State Board of Education, as | ||||||
11 | appropriate, of the filing of the bill. | ||||||
12 | (Source: P.A. 92-16, eff. 6-28-01.)
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13 | (25 ILCS 70/4) (from Ch. 63, par. 42.84)
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14 | Sec. 4. Preferred funding source. Within 5 days after | ||||||
15 | receiving the statement required in Section 3 and prior to | ||||||
16 | second reading in the house of introduction, the sponsor shall | ||||||
17 | file with the Clerk of the House or the Secretary of the | ||||||
18 | Senate, as appropriate, a written statement identifying the | ||||||
19 | sponsor's preferred means of funding the costs to be incurred | ||||||
20 | by the legislation. The required identification shall be made | ||||||
21 | either by specifying (i) the additional tax or other revenue | ||||||
22 | source from which an amount equal to the costs identified are | ||||||
23 | to be generated or (ii) the specific line item or items in the | ||||||
24 | budget for the current fiscal year that would be reduced or | ||||||
25 | eliminated to reach an amount equal to the costs identified. |
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1 | Whenever the sponsor of any measure is of the opinion that
no | ||||||
2 | Correctional Budget and Impact Note is necessary, any member of | ||||||
3 | either
house may thereafter request that a note be obtained, | ||||||
4 | and in such case the
matter shall be decided by a majority vote | ||||||
5 | of those present and voting in
the house of which he is a | ||||||
6 | member.
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7 | (Source: P.A. 83-1031.)
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8 | (25 ILCS 70/6) (from Ch. 63, par. 42.86)
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9 | Sec. 6. Preparation of note. No comment or opinion shall be | ||||||
10 | included in the note with regard
to the merits of the measure | ||||||
11 | for which the note is prepared; however technical
or mechanical | ||||||
12 | defects may be noted.
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13 | The work sheet shall include, insofar as practicable, a | ||||||
14 | breakdown of the
costs upon which the note is based. Such | ||||||
15 | breakdown shall include, but need
not be limited to, costs of | ||||||
16 | personnel, room and board, and capital outlay.
The note shall | ||||||
17 | also include such other information as is required by the
rules | ||||||
18 | and regulations which may be promulgated by each house of the | ||||||
19 | General
Assembly with respect to the preparation of such notes.
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20 | The note shall be prepared in quintuplicate and the | ||||||
21 | original of both the
note and the work sheet shall be signed by | ||||||
22 | the Director of the Department
of Corrections or such person as | ||||||
23 | the Director may designate , by the Director of Juvenile | ||||||
24 | Justice, or such person as the Director may designate, or by | ||||||
25 | the
Director
of the Administrative Office of the
Illinois |
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1 | Courts, or any person the Director may designate , the Secretary | ||||||
2 | of the Department of Human Services, or such person as the | ||||||
3 | Secretary may designate, or the Director of the Department of | ||||||
4 | Healthcare and Family Services, or such person as the Director | ||||||
5 | may designate, or the State Superintendent of Education, or | ||||||
6 | such person as the Superintendent may designate .
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7 | (Source: P.A. 89-198, eff. 7-21-95.)
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8 | (25 ILCS 70/7) (from Ch. 63, par. 42.87)
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9 | Sec. 7. Committee appearance. The fact that a Correctional | ||||||
10 | and Human Services Budget and Impact Note is prepared
for any | ||||||
11 | bill shall not preclude or restrict the appearance before any | ||||||
12 | committee
of the General Assembly, of any official or | ||||||
13 | authorized employee of any State
board, commission, | ||||||
14 | department, agency or other entity who desires to be heard
in | ||||||
15 | support of or in opposition to the measure.
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16 | (Source: P.A. 83-1031.)
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17 | (25 ILCS 70/8) (from Ch. 63, par. 42.88)
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18 | Sec. 8. Amendments; notes required. Whenever any measure is | ||||||
19 | amended on the floor of either house
in such manner as to bring | ||||||
20 | it within the description of bills set forth
in Section 2 | ||||||
21 | above , a majority of such house may propose that no action
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22 | shall be taken upon the amendment until the sponsor of the | ||||||
23 | amendment presents
to the members a statement of the budget and | ||||||
24 | (if applicable) population impact of his or her amendment,
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1 | together with a statement of the sponsor's preferred funding | ||||||
2 | source under Section 4, as required by this Act.
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3 | (Source: P.A. 83-1031.)
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4 | (25 ILCS 70/9) (from Ch. 63, par. 42.89)
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5 | Sec. 9. Confidentiality before introduction. The subject | ||||||
6 | matter of bills submitted to the Director of the
Department of | ||||||
7 | Corrections , the Director of Juvenile Justice, or the Director | ||||||
8 | of the Administrative Office of
the Illinois Courts , the | ||||||
9 | Secretary of the Department of Human Services, the Director of | ||||||
10 | the Department of Healthcare and Family Services, or the State | ||||||
11 | Superintendent of Education shall be kept in strict confidence | ||||||
12 | and no information
relating thereto or relating to the budget | ||||||
13 | or impact thereof shall be divulged
by an official or employee | ||||||
14 | of the applicable Board or Department or the Administrative | ||||||
15 | Office of
the Illinois Courts, except to the bill's sponsor or | ||||||
16 | his designee, prior
to the bill's introduction in the General | ||||||
17 | Assembly.
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18 | (Source: P.A. 92-16, eff. 6-28-01.)".
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