HB0682sam001 96TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 5/17/2009

09600HB0682sam001 LRB096 08718 RLC 26891 a

AMENDMENT TO HOUSE BILL 682

AMENDMENT NO. ______. Amend House Bill 682 by replacing the title with the following:

"AN ACT concerning the General Assembly."; and

by replacing everything after the enacting clause with the following:

"Section 5. The Correctional Budget and Impact Note Act is amended by changing Sections 1, 2, 3, 4, 6, 7, 8, and 9 as follows:

(25 ILCS 70/1) (from Ch. 63, par. 42.81)

Sec. 1. This Act shall be known and may be cited as the Correctional and Human Services Budget and Impact Note Act.

(Source: P.A. 83-1031.)

(25 ILCS 70/2) (from Ch. 63, par. 42.82)

Sec. 2. Budget impact note required.

(a) Every bill which creates a new criminal offense for which a sentence to the Department of Corrections may be imposed; or which enhances any class or category of offense to a higher grade or penalty for which a sentence to the Department of Corrections is authorized; or which requires a mandatory commitment to the Department of Corrections, 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 Corrections and the probable impact which such bill will have upon the Department's annual budget.

(b) Every bill that (i) creates a new criminal offense for which a commitment to the Department of Juvenile Justice or to a juvenile detention facility, sentence of probation, intermediate sanctions, or community service may be imposed or (ii) enhances any class or category of offense to any grade or penalty for which adjudication, commitment, or disposition by a circuit court to the custody of a Probation and Court Services Department may result shall have prepared for it prior to second reading in the house of introduction a brief explanatory statement or note that shall include a reliable estimate of the probable impact of the bill upon the Department of Juvenile Justice, as well as the overall probation caseload Statewide and the probable impact the bill will have on staffing needs and upon the annual budgets of the Illinois Supreme Court and the counties of this State.

(c) 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 facilities operated by the Department of Human Services and the probable impact which such bill will have upon the Department's annual budget.

(d) 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.

(e) Every bill which creates a new program or service which will be provided by the Illinois 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 Illinois 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 which such bill will have upon the Board's annual budget.

(Source: P.A. 89-198, eff. 7-21-95.)

(25 ILCS 70/3) (from Ch. 63, par. 42.83)

Sec. 3. Preparation of note.

(a) Upon the filing request of the sponsor of any bill described in subsection (a) of Section 2, the Director of the Department of Corrections, or any person within the Department whom the Director may designate, shall prepare a written statement setting forth the information specified in subsection (a) of Section 2. Upon the filing request of the sponsor of any bill described in subsection (b) of Section 2, the Director of Juvenile Justice and the Director of the Administrative Office of the Illinois Courts, or any person each the Director may designate, shall prepare a written statement setting forth the information specified in subsection (b) of Section 2. Upon the filing of any bill described in subsection (c) of Section 2, the Secretary of the Department of Human Services, or any person within the Department whom the Secretary may designate, shall prepare a written statement setting forth the information specified in subsection (c) of Section 2. Upon the filing of any bill described in subsection (d) of Section 2, the Director of the Department of Healthcare and Family Services, or any person within the Department whom the Director may designate, shall prepare a written statement setting forth the information specified in subsection (d) of Section 2. Upon the filing of any bill described in subsection (e) of Section 2, the State Superintendent of Education, or any person employed by the Board whom the State Superintendent may designate, shall prepare a written statement setting forth the information specified in subsection (e) of Section 2.

The statement prepared by the Director of Corrections, the Director of Juvenile Justice, the or Director of Administrative Office of the Illinois Courts, the Secretary of Human Services, the Director of Healthcare and Family Services, or the State Superintendent of Education, as the case may be, shall be designated a Correctional and 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 Corrections, Department of Juvenile Justice, or Administrative Office of the Illinois Courts, Department of Human Services, Department of Healthcare and Family Services, or Illinois State Board of Education 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), the sponsor of the bill in the house of introduction shall inform the Department of Corrections, the Department of Juvenile Justice, the Administrative Office of the Illinois Courts, the Department of Human Services, the Department of Healthcare and Family Services, or the Illinois State Board of Education, as appropriate, of the filing of the bill.

(Source: P.A. 92-16, eff. 6-28-01.)

(25 ILCS 70/4) (from Ch. 63, par. 42.84)

Sec. 4. Preferred funding source. Within 5 days after receiving the statement required in Section 3 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 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. Whenever the sponsor of any measure is of the opinion that no Correctional Budget and Impact Note is necessary, any member of either house may thereafter request that a note be obtained, and in such case the matter shall be decided by a majority vote of those present and voting in the house of which he is a member.

(Source: P.A. 83-1031.)

(25 ILCS 70/6) (from Ch. 63, par. 42.86)

Sec. 6. 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. 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 Director of the Department of Corrections or such person as the Director may designate, by the Director of Juvenile Justice, or such person as the Director may designate, or by the Director of the Administrative Office of the Illinois Courts, or any person the Director may designate, the Secretary of the Department of Human Services, or such person as the Secretary may designate, or the Director of the Department of Healthcare and Family Services, or such person as the Director may designate, or the State Superintendent of Education, or such person as the Superintendent may designate.

(Source: P.A. 89-198, eff. 7-21-95.)

(25 ILCS 70/7) (from Ch. 63, par. 42.87)

Sec. 7. Committee appearance. The fact that a Correctional and 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.

(Source: P.A. 83-1031.)

(25 ILCS 70/8) (from Ch. 63, par. 42.88)

Sec. 8. 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 2 above, a majority of such house may propose that no action shall be taken upon the amendment until the sponsor of the amendment presents to the members a statement of the budget and (if applicable) population impact of his or her amendment, together with a statement of the sponsor's preferred funding source under Section 4, as required by this Act.

(Source: P.A. 83-1031.)

(25 ILCS 70/9) (from Ch. 63, par. 42.89)

Sec. 9. Confidentiality before introduction. The subject matter of bills submitted to the Director of the Department of Corrections, the Director of Juvenile Justice, or the Director of the Administrative Office of the Illinois Courts, the Secretary of the Department of Human Services, the Director of the Department of Healthcare and Family Services, or the State Superintendent of Education 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 applicable Board or Department or the Administrative Office of the Illinois Courts, except to the bill's sponsor or his designee, prior to the bill's introduction in the General Assembly.

(Source: P.A. 92-16, eff. 6-28-01.)".