Sen. Kwame Raoul
Filed: 5/17/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 682 




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    AMENDMENT NO. ______. Amend House Bill 682 by replacing the 
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title with the following:
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    "AN ACT concerning the General Assembly."; and
  
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by replacing everything after the enacting clause with the 
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following:

 
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    "Section 5. The Correctional Budget and Impact Note Act is 
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amended  by changing Sections 1,  2, 3, 4, 6, 7,  8, and 9 as 
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follows:
 



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    (25 ILCS 70/1)  (from Ch. 63, par. 42.81)


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    Sec. 1. 
This Act shall be known and may be cited as the 
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Correctional and Human Services Budget and Impact Note Act.

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(Source: P.A. 83-1031.)


 



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    (25 ILCS 70/2)  (from Ch. 63, par. 42.82)



 


 






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    Sec. 2. Budget impact note required. 

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    (a) Every bill which creates a new criminal offense for 
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which a
sentence to the Department of Corrections may be 
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imposed; or which enhances
any class or category of offense to 
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a higher grade or penalty for which a
sentence to the 
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Department of Corrections is authorized; or which requires
a 
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mandatory commitment to the Department of Corrections, shall 
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have prepared
for it prior to second reading in the house of 
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introduction a brief explanatory
statement or note which shall 
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include a reliable estimate of the probable
impact of such bill 
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upon the overall resident population of the Department
of 
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Corrections and the probable impact which such bill will have 
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upon the
Department's annual budget.

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    (b) Every bill that (i) creates a new criminal offense for 
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which a
commitment to the Department of Juvenile Justice or to 
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a juvenile detention facility, sentence of probation,

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intermediate sanctions, or community service may be imposed or 
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(ii) enhances
any class or category of offense to any grade or 
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penalty for which
adjudication, commitment, or disposition by a 
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circuit court to the custody of
a Probation and Court Services 
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Department may result shall have prepared for it
prior to

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second reading in the house of introduction a brief explanatory 
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statement or
note that shall include a reliable estimate of the 
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probable impact of the bill
upon the Department of Juvenile 
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Justice, as well as the overall probation caseload Statewide 
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and the probable impact the bill
will have on staffing needs 
 


 






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and upon the annual budgets of the Illinois Supreme
Court and 
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the counties of this State.

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    (c) Every bill which creates a new program or service which 
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will be provided by the Department of Human Services, or which 
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expands the class of persons eligible for, or the level of 
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benefits provided by, any existing program or service provided 
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by the Department of Human Services, shall have prepared for it 
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prior to second reading in the house of introduction a brief 
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explanatory statement or note which shall include a reliable 
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estimate of the probable impact of such bill upon the overall 
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resident population of the facilities operated by the 
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Department of Human Services and the probable impact which such 
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bill will have upon the Department's annual budget. 
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    (d) Every bill which creates a new program or service which 
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will be provided by the Department of Healthcare and Family 
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Services, or which expands the class of persons eligible for, 
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or the level of benefits provided by, any existing program or 
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service provided by the Department of Healthcare and Family 
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Services, shall have prepared for it prior to second reading in 
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the house of introduction a brief explanatory statement or note 
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which shall include a reliable estimate of the probable impact 
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which such bill will have upon the Department's annual budget.
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    (e) Every bill which creates a new program or service which 
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will be provided by the Illinois State Board of Education, or 
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which expands the class of  persons eligible for, or the level 
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of benefits provided by, any existing program or service 
 


 






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provided by the Illinois State Board of Education, shall have 
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prepared for it prior to second reading in the house of 
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introduction a brief explanatory statement or note which shall 
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include a reliable estimate of the probable impact which such 
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bill will have upon the Board's annual budget. 
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(Source: P.A. 89-198, eff. 7-21-95.)

 



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    (25 ILCS 70/3)  (from Ch. 63, par. 42.83)



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    Sec. 3. Preparation of note. 
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    (a) Upon the filing request of the sponsor of any bill 
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described in subsection
(a) of Section 2, the Director of the 
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Department of Corrections, or any person
within the Department 
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whom the Director may designate, shall prepare a written

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statement setting forth the information specified in 
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subsection (a) of Section
2.  Upon the filing request of the 
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sponsor of any bill described in subsection (b) of
Section 2, 
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the Director of Juvenile Justice and the Director of the 
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Administrative Office of the Illinois
Courts, or any person 
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each the Director may designate, shall prepare a written

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statement setting forth the information specified in 
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subsection (b) of Section
2. Upon the filing of any bill 
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described in subsection (c) of Section 2, the Secretary of the 
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Department of Human Services, or any person within the 
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Department whom the Secretary may designate, shall prepare a 
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written statement setting forth the information specified in 
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subsection (c) of Section 2.  Upon the filing of any bill 
 


 






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described in subsection (d) of Section 2, the Director of the 
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Department of Healthcare and Family Services, or any person 
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within the Department whom the Director may designate, shall 
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prepare a written statement setting forth the information 
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specified in subsection (d) of Section 2.  Upon the filing of 
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any bill described in subsection (e) of Section 2, the State 
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Superintendent of Education, or any person employed by the 
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Board whom the State Superintendent may designate, shall 
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prepare a written statement setting forth the information 
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specified in subsection (e) of Section 2. 

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    The statement prepared by the Director of Corrections, the 
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Director of Juvenile Justice, the or Director of
Administrative 
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Office of the Illinois Courts, the Secretary of Human Services, 
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the Director of Healthcare and Family Services, or the State 
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Superintendent of Education, as the case may be, shall be

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designated a Correctional and Human Services Budget and Impact 
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Note and shall be filed with the Clerk of the House or the 
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Secretary of the Senate, as appropriate, and furnished to the

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sponsor within 10 calendar days thereafter, except that 
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whenever, because of
the complexity of the bill, additional 
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time is required for the preparation
of the note, the 
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Department of Corrections, Department of Juvenile Justice, or 
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Administrative Office of the
Illinois Courts, Department of 
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Human Services, Department of Healthcare and Family Services, 
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or Illinois State Board of Education may so notify the sponsor 
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and request an extension of time not
to exceed 5 additional 
 


 






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days within which such note is to be furnished.  Such
extension 
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shall not extend beyond May 15 following the date of the 
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request.

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    (b) Upon the filing of any bill requiring the preparation 
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of a written statement under subsection (a), the sponsor of the 
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bill in the house of introduction shall inform the Department 
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of Corrections, the Department of Juvenile Justice, the 
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Administrative Office of the Illinois Courts, the Department of 
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Human Services, the Department of Healthcare and Family 
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Services, or the Illinois State Board of Education, as 
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appropriate, of the filing of the bill. 
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(Source: P.A. 92-16, eff. 6-28-01.)

 



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    (25 ILCS 70/4)  (from Ch. 63, par. 42.84)



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    Sec. 4. Preferred funding source. Within 5 days after 
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receiving the statement required in Section 3 and prior to 
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second reading in the house of introduction, the sponsor shall 
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file with the Clerk of the House or the Secretary of the 
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Senate, as appropriate, a written statement identifying the 
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sponsor's preferred means of funding the costs to be incurred 
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by the legislation. The required identification shall be made 
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either by specifying (i) the additional tax or other revenue 
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source from which an amount equal to the costs identified are 
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to be generated or (ii) the specific line item or items in the 
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budget for the current fiscal year that would be reduced or 
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eliminated to reach an amount equal to the costs identified. 
 


 






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Whenever the sponsor of any measure is of the opinion that
no 
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Correctional Budget and Impact Note is necessary, any member of 
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either
house may thereafter request that a note be obtained, 
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and in such case the
matter shall be decided by a majority vote 
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of those present and voting in
the house of which he is a 
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member.

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(Source: P.A. 83-1031.)

 



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    (25 ILCS 70/6)  (from Ch. 63, par. 42.86)



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    Sec. 6. Preparation of note. No comment or opinion shall be 
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included in the note with regard
to the merits of the measure 
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for which the note is prepared; however technical
or mechanical 
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defects may be noted.

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    The work sheet shall include, insofar as practicable, a 
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breakdown of the
costs upon which the note is based.  Such 
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breakdown shall include, but need
not be limited to, costs of 
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personnel, room and board, and capital outlay.
The note shall 
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also include such other information as is required by the
rules 
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and regulations which may be promulgated by each house of the 
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General
Assembly with respect to the preparation of such notes.

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    The note shall be prepared in quintuplicate and the 
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original of both the
note and the work sheet shall be signed by 
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the Director of the Department
of Corrections or such person as 
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the Director may designate, by the Director of Juvenile 
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Justice, or such person as the Director may designate, or by 
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the
Director
of the Administrative Office of the
Illinois 
 


 






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Courts, or any person the Director may designate, the Secretary 
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of the Department of Human Services, or such person as the 
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Secretary may designate, or the Director of the Department of 
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Healthcare and Family Services, or such person as the Director 
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may designate, or the State Superintendent of Education, or 
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such person as the Superintendent may designate.

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(Source: P.A. 89-198, eff. 7-21-95.)

 



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    (25 ILCS 70/7)  (from Ch. 63, par. 42.87)


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    Sec. 7. Committee appearance. The fact that a Correctional 
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and Human Services Budget and Impact Note is prepared
for any 
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bill shall not preclude or restrict the appearance before any 
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committee
of the General Assembly, of any official or 
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authorized employee of any State
board, commission, 
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department, agency or other entity who desires to be heard
in 
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support of or in opposition to the measure.

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(Source: P.A. 83-1031.)


 



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    (25 ILCS 70/8)  (from Ch. 63, par. 42.88)



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    Sec. 8. Amendments; notes required. Whenever any measure is 
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amended on the floor of either house
in such manner as to bring 
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it within the description of bills set forth
in Section 2 
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above, a majority of such house may propose that no action

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shall be taken upon the amendment until the sponsor of the 
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amendment presents
to the members a statement of the budget and 
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(if applicable) population impact of his or her amendment,

 


 






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together with a statement of the sponsor's preferred funding 
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source under Section 4, as required by this Act.

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(Source: P.A. 83-1031.)

 



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    (25 ILCS 70/9)  (from Ch. 63, par. 42.89)



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    Sec. 9. Confidentiality before introduction. The subject 
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matter of bills submitted to the Director of the
Department of 
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Corrections, the Director of Juvenile Justice, or the Director 
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of the Administrative Office of
the Illinois Courts, the 
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Secretary of the Department of Human Services, the Director of 
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the Department of Healthcare and Family Services, or the State 
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Superintendent of Education shall be kept in strict confidence 
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and no information
relating thereto or relating to the budget 
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or impact thereof shall be divulged
by an official or employee 
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of the applicable Board or Department or the Administrative 
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Office of
the Illinois Courts, except to the bill's sponsor or 
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his designee, prior
to the bill's introduction in the General 
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Assembly.

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(Source: P.A. 92-16, eff. 6-28-01.)".