SB3088 96TH GENERAL ASSEMBLY

LRB096 20288 KTG 35900 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3088

Introduced 2/8/2010, by Sen. Kwame Raoul

SYNOPSIS AS INTRODUCED:

New Act

Creates the Human Services Budget and Impact Note Act. Requires the Department of Human Services and the Department of Healthcare and Family Services to prepare and file notes concerning a bill's impact. Requires the bill's sponsor to file a statement identifying a preferred means of funding the costs to be incurred because of the legislation. Contains provisions regarding committee appearances; amended bills; and confidentiality requirements.

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 1. Short title. This Act may be cited as the Human Services Budget and Impact Note Act.

Section 5. Budget impact note required.

(a) Every bill which creates a new program or service which will be provided by the Department of Human Services, or which expands the class of persons eligible for, or the level of benefits provided by, any existing program or service provided by the Department of Human Services, 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 of such bill upon the overall resident population of the Department of Human Services (if any) and the probable impact which such bill will have upon the Department's annual budget.

(b) Every bill which creates a new program or service which will be provided by the Department of Healthcare and Family Services, or which expands the class of persons eligible for, or the level of benefits provided by, any existing program or service provided by the Department of Healthcare and Family Services, 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 which such bill will have upon the Department's annual budget.

Section 10. Preparation of note.

(a) Upon the filing of any bill described in subsection (a) of Section 5, the Secretary of Human Services, or any person within the Department of Human Services whom the Secretary may designate, shall prepare a written statement setting forth the information specified in subsection (a) of Section 5. Upon the filing of any bill described in subsection (b) of Section 5, the Director of Healthcare and Family Services, or any person the Director may designate, shall prepare a written statement setting forth the information specified in subsection (b) of Section 5.

The statement prepared by the Secretary of Human Services or the Director of Healthcare and Family Services, as the case may be, shall be designated a Human Services 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 Department of Human Services or the Department of Healthcare and Family Services may so notify the sponsor and request an extension of time not to exceed 5 additional days within which such note is to be furnished. Such 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 Department of Human Services or the Department of Healthcare and Family Services, as appropriate, of the filing of the bill.

Section 15. Preferred funding source. Within 5 days after receiving the statement required in Section 10 and prior to 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 by specifying either (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. Contents of note. 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 such 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. Note comments; worksheet. 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. Such 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 such notes.

The note shall be prepared in quintuplicate and the original of both the note and the work sheet shall be signed by the Secretary of Human Services, or such person as the Secretary may designate, or by the Director of Healthcare and Family Services, or such person as the Director may designate.

Section 30. Committee appearance. The fact that a Human Services 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 such manner as to bring it within the description of bills set forth in Section 5, 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, as required by this Act.

Section 40. Confidentiality before introduction. The subject matter of bills submitted to the Secretary of Human Services or the Director of Healthcare and Family Services shall be kept in strict confidence and no information relating thereto or relating to the budget or impact thereof shall be divulged by an official or employee of the Department of Human Services or the Department of Healthcare and Family Services, except to the bill's sponsor or the sponsor's designee, prior to the bill's introduction in the General Assembly.