SB3086eng 96TH GENERAL ASSEMBLY

SB3086 Engrossed LRB096 20290 MJR 35902 b

AN ACT concerning education.

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 Education Budget and Impact Note Act.

Section 5. Budget impact note required. Every bill that creates a new program or service that will be provided by the State Board of Education, or which expands the class of persons eligible for, or the level of benefits provided by any existing program or service provided by the State Board of Education shall have prepared for it prior to second reading in the house of introduction a brief explanatory statement or note which shall include a reliable estimate of the probable impact that bill will have upon the State Board of Education's annual budget.

Section 10. Preparation of note.

(a) Upon the filing of any bill described in Section 5 of this Act, the State Superintendent of Education, or any person employed by the Board whom the Superintendent may designate, shall prepare a written statement setting forth the information specified in Section 5 of this Act.

The statement prepared by the State Superintendent of Education shall be designated an Education Budget and Impact Note and shall be filed with the Clerk of the House or the Secretary of the Senate, as appropriate, and furnished to the sponsor within 10 calendar days thereafter, except that whenever, because of the complexity of the bill, additional time is required for the preparation of the note, the State Superintendent of Education may so notify the sponsor and request an extension of time not to exceed 5 additional days within that is to be furnished. The extension shall not extend beyond May 15 following the date of the request.

(b) Upon the filing of any bill requiring the preparation of a written statement under subsection (a) of this Section, the sponsor of the bill in the house of introduction shall inform the State Board of Education of the filing of the bill.

Section 15. Preferred funding source. Within 5 days after receiving the statement required in Section 10 of this Act and prior to the second reading in the house of introduction, the sponsor shall file with the Clerk of the House or the Secretary of the Senate, as appropriate, a written statement identifying the sponsor's preferred means of funding the costs to be incurred by the legislation. The required identification shall be made either by specifying (i) the additional tax or other revenue source from which an amount equal to the costs identified are to be generated or (ii) the specific line item or items in the budget for the current fiscal year that would be reduced or eliminated to reach an amount equal to the costs identified.

Section 20. Population and fiscal impact. The note shall be factual in nature, as brief and concise as may be, and shall provide as reliable an estimate, in terms of population and dollar impact, as is possible under the circumstances. The note 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 population or dollar estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no estimate can be given. A brief summary or work sheet of computations used in arriving at the Budget and Impact Note figures shall be supplied.

Section 25. Preparation of note. No comment or opinion shall be included in the note with regard to the merits of the measure for which the note is prepared; however, technical or mechanical defects may be noted.

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

The note shall be prepared in quintuplicate and the original of both the note and the work sheet shall be signed by the State Superintendent of Education, or a person as the Superintendent may designate.

Section 30. Committee appearance. The fact that an Education Budget and Impact Note is prepared for any bill shall not preclude or restrict the appearance before any committee of the General Assembly of any official or authorized employee of any State board, commission, department, agency, or other entity who desires to be heard in support of or in opposition to the measure.

Section 35. Amendments; notes required. Whenever any measure is amended on the floor of either house in a manner as to bring it within the description of bills set forth in Section 5 of this Act, no action shall be taken upon the amendment until the sponsor of the amendment presents to the members a statement of the budget, if applicable, and population impact of his or her amendment, together with a statement of the sponsor's preferred funding sources under Section 15 of this Act.

Section 40. Confidentiality before introduction. The subject matter of bills submitted to the State Board of Education shall be kept in strict confidence and no information relating to the bills or relating to the budget or impact of the bills shall be divulged by an official or employee of the State Board of Education, except to the bill's sponsor or the sponsor's designee prior to the bill's introduction in the General Assembly.