HB2491 94TH GENERAL ASSEMBLY

LRB094 08686 DRJ 41055 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2491

Introduced 2/17/2005, by Rep. Rosemary Mulligan

SYNOPSIS AS INTRODUCED:

New Act

Creates the Senior Citizen Impact Statement Act. Provides that an impacted agency must prepare and file a Senior Citizen Impact Statement (i) before final action is taken on a bill, an amendment to a bill, or a conference committee report by the Senate or the House of Representatives, (ii) before the expiration of the second notice period in connection with a proposed administrative rule or a proposed amendment to an administrative rule, as provided in subsection (c) of Section 5-40 of the Illinois Administrative Procedure Act, (iii) before a program or fiscal transfer is made from one agency to another agency or from one fund to another fund, or (iv) before a memorandum of understanding, program instruction memorandum, program directive, or any other document that has the force of law or serves to clarify a law can be effectuated. Sets forth the requirements for a senior citizen impact statement, and designates the individuals and entities with whom the statement must be filed. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning aging.

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 Senior Citizen Impact Statement Act.

Section 5. Purpose. The purpose of this Act is to diminish the likelihood that the unintended consequences of otherwise sound fiscal and policy decisions will reduce or eliminate or otherwise decrease the quality of services and care available for Illinois residents age 60 and older.

Section 10. Definition. In this Act, "impacted agency" means any State agency that provides any services to persons 60 years of age or older or that funds, contracts for, or otherwise arranges for the provision of any services to persons 60 years of age or older.

Section 15. Senior citizen impact statement.

(a) An impacted agency must prepare and file a senior citizen impact statement (i) before final action is taken on a bill, an amendment to a bill, or a conference committee report by the Senate or the House of Representatives, (ii) before the expiration of the second notice period in connection with a proposed administrative rule or a proposed amendment to an administrative rule, as provided in subsection (c) of Section 5-40 of the Illinois Administrative Procedure Act, (iii) before a program or fiscal transfer is made from one agency to another agency or from one fund to another fund, or (iv) before a memorandum of understanding, program instruction memorandum, program directive, or any other document that has the force of law or serves to clarify a law can be effectuated.

(b) A senior citizen impact statement must describe: (i) the adverse impact, if any, on Illinois residents 60 years of age and older; (ii) the adverse impact, if any, on providers of services or care to Illinois residents age 60 and over; and (iii) the adverse impact, if any, on direct service or care workers employed by such providers. The statement must be factual in nature, must provide a reliable estimate in dollars, units of service, and numbers of individuals, providers, and workers affected, and must include both the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. A brief summary or work sheet of computations used in arriving at the factual information contained in the statement must be included with the statement.

Section 20. Filing of statement. An impacted agency must file a statement required by this Act within 5 business days after the agency is notified or has knowledge of the existence of a document or proposed action described in subsection (a) of Section 15, or prior to taking any potential planned action as described in this Act that will negatively impact services for senior citizens in Illinois. An impacted agency must file a statement as follows:

(1) Statements prepared for bills, amendments to bills, and conference committee reports shall be filed with the President of the Senate and the Speaker of the House.

(2) Statements prepared for administrative rules must be filed with the President of the Senate, the Speaker of the House, and the Joint Committee on Administrative Rules.

(3) Statements prepared for program instruction memos, program directives, or any other document that has the force of law or serves to clarify a law must be filed with the President of the Senate, the Speaker of the House, the Joint Committee on Administrative Rules, and the Index Department of the Office of the Secretary of State for publication in the Illinois Register.

(4) Statements prepared for program or fiscal transfers from one agency to another agency or from one fund to another fund, and memorandums of understanding, must be filed with the President of the Senate, the Speaker of the House, and the Index Department of the Office of the Secretary of State for publication in the Illinois Register.

Section 99. Effective date. This Act takes effect upon becoming law.