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1 | AN ACT concerning community services impact notes.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Community Services Impact Note Act. | ||||||
6 | Section 5. Applicability.
Every bill, except those making a | ||||||
7 | direct appropriation, that creates a State mandate on privately | ||||||
8 | owned or operated facilities and community service providers | ||||||
9 | funded through the Department of Human Services for the purpose | ||||||
10 | of serving individuals with developmental disabilities and | ||||||
11 | mental illness shall have prepared for it at the request of a | ||||||
12 | member while on second reading in the house of introduction a | ||||||
13 | brief explanatory statement or note that shall include a | ||||||
14 | reliable estimate of the probable impact of its provisions on | ||||||
15 | those facilities and providers and the probable impact that the | ||||||
16 | bill will have upon the Department's annual budget. These | ||||||
17 | statements or notes shall be known as "community services | ||||||
18 | impact notes".
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19 | Section 10. Preparation. Upon the filing of any bill | ||||||
20 | described in Section 5 of this Act, the Department of Human | ||||||
21 | Services shall prepare a written statement setting forth the | ||||||
22 | information specified in Section 5.
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1 | The statement prepared by the Department shall be filed | ||||||
2 | with the Clerk of the House or the Secretary of the Senate, as | ||||||
3 | appropriate, and furnished to the sponsor of the bill within 10 | ||||||
4 | calendar days thereafter, except that whenever, because of the | ||||||
5 | complexity of the bill, additional time is required for the | ||||||
6 | preparation of the community services impact note, the | ||||||
7 | Department may inform the sponsor of the bill, and the sponsor | ||||||
8 | may approve an extension of the time within which the note is | ||||||
9 | to be submitted, not to extend, however, beyond 5 additional | ||||||
10 | days, following the date of the request. Such extension shall | ||||||
11 | not extend beyond May 15 following the date of the request. The | ||||||
12 | Department shall seek assistance from other State agencies and | ||||||
13 | statewide trade associations and organizations representing | ||||||
14 | privately owned or operated facilities and providers of | ||||||
15 | community services for persons with developmental disabilities | ||||||
16 | and mental illness. If, in the opinion of the Department, there | ||||||
17 | is insufficient information to prepare a reliable estimate of | ||||||
18 | the anticipated impact, then a statement to that effect may be | ||||||
19 | filed and shall meet the requirements of this Act. Except as | ||||||
20 | outlined in Section 15, no bills for which a community services | ||||||
21 | impact note has been requested may be placed on third reading | ||||||
22 | until the note has been prepared and filed or until the | ||||||
23 | Department has stated that there is insufficient information to | ||||||
24 | prepare a reliable estimate of the anticipated impact according | ||||||
25 | to the time frames outlined in this Section.
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1 | Section 15. Vote on the necessity of community services | ||||||
2 | impact notes. Whenever the sponsor of any bill is of the | ||||||
3 | opinion that no community services impact note is required, any | ||||||
4 | member of either house may request that a note be obtained, and | ||||||
5 | in that case the applicability of this Act shall be decided by | ||||||
6 | the majority of those present and voting in the house of which | ||||||
7 | the sponsor is a member. | ||||||
8 | Section 20. Contents of note. The note shall be factual in | ||||||
9 | nature, as brief and concise as may be, and shall provide as | ||||||
10 | reliable an estimate of the impact of the bill on community | ||||||
11 | services for persons with developmental disabilities and | ||||||
12 | mental illness in dollars and in addition, it shall include | ||||||
13 | both the immediate effect and, if determinable or reasonably | ||||||
14 | foreseeable, the long-range effect of the measure.
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15 | If, after careful investigation, it is determined that no | ||||||
16 | dollar estimate is possible, then the note shall contain a | ||||||
17 | statement to that effect, setting forth the reasons why no | ||||||
18 | dollar estimate can be given. A brief summary or work sheet of | ||||||
19 | computations used in arriving at community services impact note | ||||||
20 | figures shall be supplied.
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21 | Section 25. Note comments; worksheet. No comment or opinion | ||||||
22 | shall be included in the community services impact note with | ||||||
23 | regard to the merits of the measure for which the community | ||||||
24 | services impact note is prepared; however, technical or |
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1 | mechanical defects may be noted.
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2 | The worksheet shall include, insofar as practicable, a | ||||||
3 | breakdown of the costs upon which the community services impact | ||||||
4 | note is based. It shall also include such other information as | ||||||
5 | is required by rules and regulations which may be promulgated | ||||||
6 | by each house of the General
Assembly with respect to the | ||||||
7 | preparation of such notes. The community services impact note | ||||||
8 | shall be prepared in quintuplicate, and the original of both | ||||||
9 | the worksheet and the community services impact note shall be | ||||||
10 | signed by the Secretary of the Department of Human Services, or | ||||||
11 | by a responsible representative designated by the Secretary.
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12 | Section 30. Committee appearance. The fact that a community | ||||||
13 | services impact note is prepared for any bill shall not | ||||||
14 | preclude or restrict the appearance before any committee of the | ||||||
15 | General Assembly, of any official or authorized employee of the | ||||||
16 | Department of Human
Services, or any State board, commission, | ||||||
17 | other department, or agency or other entity that desires to be | ||||||
18 | heard in support of or in opposition to the measure.
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19 | Section 35. Amendments; notes required. Whenever an | ||||||
20 | amendment to a bill, whether reported by a committee of either | ||||||
21 | house or proposed upon the floor of either house, brings that | ||||||
22 | bill within the description of the bills set forth in Section 5 | ||||||
23 | of this Act, a majority of such house may propose that no | ||||||
24 | action shall be taken upon the amendment until the sponsor of |
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1 | the amendment presents to the members a statement or note (if | ||||||
2 | applicable) consistent with the provisions of Section 20 of | ||||||
3 | this Act. | ||||||
4 | Section 40. Confidentiality. The subject matter of a bill | ||||||
5 | submitted to the Secretary of the Department of Human Services | ||||||
6 | shall be kept in strict confidence by the Department of Human | ||||||
7 | Services, and no information relating to the bill or community | ||||||
8 | services impact shall be divulged by any official or employee | ||||||
9 | of the Department, except to the bill's sponsor or the | ||||||
10 | sponsor's designee, before the bill's introduction in the | ||||||
11 | General Assembly.
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
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