98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2352

 

Introduced 2/15/2013, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Long Term Care Rebalancing Note Act. Provides that every bill, except those bills making a direct appropriation, the purpose or effect of which is (i) to expend any State funds for long term care services or (ii) to expend any State funds for community or home-based alternatives to long term care 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 anticipated change in State funding or revenues under its provisions. Provides that for purposes of the Act, revenues include, but are not limited to, changes to revenue received from Federal Medical Assistance Percentage (FMAP). Contains provisions concerning preparation of the note; confidentiality requirements; and other matters. Effective immediately.


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A BILL FOR

 

SB2352LRB098 08113 KTG 38204 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Long
5Term Care Rebalancing Note Act.
 
6    Section 5. Notes required for certain bills. Every bill,
7except those bills making a direct appropriation, the purpose
8or effect of which is (i) to expend any State funds for long
9term care services or (ii) to expend any State funds for
10community or home-based alternatives to long term care
11services, shall have prepared for it prior to second reading in
12the house of introduction a brief explanatory statement or note
13which shall include a reliable estimate of the anticipated
14change in State funding or revenues under its provisions. The
15statement or note shall also include an explanation of the
16methodology used to determine the estimated direct and indirect
17costs or estimated impact on FMAP. These statements or notes
18shall be known as long term care rebalancing notes.
19    As used in this Act:
20    "Revenues" includes, but is not limited to, changes to
21revenue received from Federal Medical Assistance Percentage
22(FMAP).
23    "Long term care rebalancing" has the meaning given to the

 

 

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1term in paragraph (1) of Section 50-30 of the State Budget Law
2of the Civil Administrative Code of Illinois.
 
3    Section 10. Preparation of notes. The sponsor of each bill
4referred to in Section 5 shall present a copy of the bill, with
5his or her request for a long term care rebalancing note, to
6the State board, commission, department, agency, or other
7entity which is to receive or expend the appropriation proposed
8or which is responsible for collection of the revenue proposed
9to be increased or decreased, or to be levied or provided for.
10The long term care rebalancing note shall be prepared by that
11board, commission, department, agency, or other entity and
12furnished to the sponsor of the bill within 5 calendar days
13thereafter, except that whenever, because of the complexity of
14the measure, additional time is required for preparation of the
15note, the board, commission, department, agency, or other
16entity may so inform the sponsor of the bill and the sponsor
17may approve an extension of the time within which the note is
18to be furnished, not to extend, however, beyond June 15,
19following the date of the request. Whenever any measure for
20which a long term care rebalancing note is required affects
21more than one State board, commission, department, agency, or
22other entity, the board, commission, department, agency, or
23other entity most affected by its provisions according to the
24sponsor shall be responsible for preparation of the note.
25Whenever any measure for which a long term care rebalancing

 

 

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1note is required does not affect a specific board, commission,
2department, agency, or other entity, the sponsor of the measure
3shall be responsible for preparation of the long term care
4rebalancing note.
 
5    Section 15. Requests for notes. Whenever the sponsor of any
6measure is of the opinion that no long term care rebalancing
7note is necessary, any member of either house may thereafter
8request that a note be obtained, and in such case the matter
9shall be decided by majority vote of those present and voting
10in the house of which he or she is a member.
 
11    Section 20. Contents of notes. The note shall be factual in
12nature, as brief and concise as may be, and shall provide a
13reliable estimate in dollars and, in addition, it shall include
14both the immediate effect and, if determinable or reasonably
15foreseeable, the long range effect of the measure. If, after
16careful investigation, it is determined that no dollar estimate
17is possible, the note shall contain a statement to that effect,
18setting forth the reasons why no dollar estimate can be given.
19A brief summary or work sheet of computations used in arriving
20at long term care rebalancing note figures shall be included.
 
21    Section 25. Comments; work sheets. No comment or opinion
22shall be included in the long term care rebalancing note with
23regard to the merits of the measure for which the note is

 

 

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1prepared; however, technical or mechanical defects may be
2noted. The work sheet shall include, insofar as practicable, a
3breakdown of the costs or savings upon which any appropriation
4measure or measure which is expected to cause an expenditure or
5savings of State funds is based and the expectable direct or
6indirect increase or decrease in State revenues, as the case
7may be, including, but not necessarily limited to, FMAP. It
8shall also include such other information as is required by
9rules and regulations which may be promulgated by each house of
10the General Assembly with respect to the preparation of long
11term care rebalancing notes. The note shall be prepared in
12quintuplicate, and the name of the State board, commission,
13department, agency, or other entity preparing it shall appear
14at the end of the note and the original of both the work sheet
15and the note shall be signed by the head of the board,
16commission, department, agency, or other entity or by a
17responsible representative designated by him or her for the
18purpose.
 
19    Section 30. Appearance before committees. The fact that a
20long term care rebalancing note is prepared for any bill shall
21not preclude or restrict the appearance before any committee of
22the General Assembly of any official or authorized employee of
23any State board, commission, department, agency, or other
24entity who desires to be heard in support of or in opposition
25to the measure.
 

 

 

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1    Section 35. Amended bills. Whenever any committee of either
2house reports any bill with an amendment of such nature as will
3substantially affect the costs to or the revenues of the State
4as stated in the long term care rebalancing note attached to
5the measure at the time of its referral to the committee, there
6shall be included with the report of the committee a statement
7of the effect of the change proposed by the amendment reported
8if desired by a majority of the committee. In like manner,
9whenever any measure is amended on the floor of either house in
10such manner as to substantially affect the costs thereof or the
11revenues to be derived thereunder as stated in the long term
12care rebalancing note attached to the measure prior to such
13amendment, a majority of that house may propose that no action
14shall be taken upon the amendment until the sponsor of the
15amendment presents to the members a statement of the effect of
16his or her proposed amendment.
 
17    Section 40. Confidentiality requirements. The subject
18matter of bills submitted to boards, commissions, departments,
19agencies, or other entities for preparation of long term care
20rebalancing notes shall be kept in strict confidence and no
21information relating thereto or relating to the fiscal effect
22of any such measure shall be divulged by any official or
23employee thereof prior to its introduction in the General
24Assembly.
 

 

 

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1    Section 45. Severability. The provisions of this Act are
2severable and, if any part or provision of this Act is void,
3the decision of the court so holding shall not affect or impair
4any of the remaining parts or provisions of this Act.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.