Full Text of HB2414 96th General Assembly
HB2414eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Community Services Impact Note Act. | 6 |
| Section 5. Applicability. Every bill, except a bill making | 7 |
| a direct appropriation, that (i) affects the provision of | 8 |
| community services to persons with developmental disabilities | 9 |
| or mental illness or (ii) amends the Mental Health and | 10 |
| Developmental Disabilities Code, the Developmental Disability | 11 |
| and Mental Disability Services Act, the Mental Health and | 12 |
| Developmental Disabilities Administrative Act, the Community | 13 |
| Services Act, the Nursing Home Care Act, the Health Care Worker | 14 |
| Background Check Act, the Community-Integrated Living | 15 |
| Arrangements Licensure and Certification Act, the Community | 16 |
| Living Facilities Licensing Act, the MRSA Screening and | 17 |
| Reporting Act, the Early Intervention Services System Act, the | 18 |
| Community Mental Health Act, the Specialized Living Centers | 19 |
| Act, the Community Support Systems Act, the Children's Mental | 20 |
| Health Act of 2003, the Health Care Workplace Violence | 21 |
| Prevention Act, the Autism Spectrum Disorders Reporting Act, | 22 |
| the Epilepsy Disease Assistance Act, the Developmental | 23 |
| Disability Prevention Act, the Illinois Public Aid Code, the |
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| Minimum Wage Law, or the State Employees Group Insurance Act of | 2 |
| 1971 shall have prepared for it prior to second reading in the | 3 |
| house of introduction a brief explanatory statement or note | 4 |
| that shall include a reliable estimate of the fiscal impact of | 5 |
| its provisions on community services for persons with | 6 |
| developmental disabilities and mental illness. These | 7 |
| statements or notes shall be known as "community services | 8 |
| impact notes".
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| Section 10. Preparation. The sponsor of each bill to which | 10 |
| Section 5 applies shall present a copy of the bill, with the | 11 |
| request for a community services impact note, to the Department | 12 |
| of Human Services. The community services impact note shall be | 13 |
| prepared by the Department of Human Services and submitted to | 14 |
| the sponsor of the bill within 5 calendar days, except that | 15 |
| whenever, because of the complexity of the measure, additional | 16 |
| time is required for the preparation of the community services | 17 |
| impact note, the Department of Human Services may inform the | 18 |
| sponsor of the bill, and the sponsor may approve an extension | 19 |
| of the time within which the note is to be submitted, not to | 20 |
| extend, however, beyond May 15, following the date of the | 21 |
| request. The Department of Human Services may seek assistance | 22 |
| from other State agencies and statewide trade associations | 23 |
| representing providers of community services for persons with | 24 |
| developmental disabilities and mental illness. If, in the | 25 |
| opinion of the Department of Human Services, there is |
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| insufficient information to prepare a reliable estimate of the | 2 |
| anticipated impact, a statement to that effect shall be filed | 3 |
| and shall meet the requirements of this Act.
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| Section 15. Vote on the necessity of community services | 5 |
| impact notes. Whenever the sponsor of any bill is of the | 6 |
| opinion that no community services impact note is required, any | 7 |
| member of either house may request that a note be obtained, and | 8 |
| in that case the applicability of this Act shall be decided by | 9 |
| the majority of those present and voting in the house of which | 10 |
| the sponsor is a member. | 11 |
| Section 20. Requisites and contents. The note shall be | 12 |
| factual in nature, as brief and concise as may be, and shall | 13 |
| provide a reliable estimate, in dollars, of the impact of the | 14 |
| bill on community services for persons with developmental | 15 |
| disabilities and mental illness. In addition, the note shall | 16 |
| include both the immediate effect and, if determinable or | 17 |
| reasonably foreseeable, the long range effect of the measure. | 18 |
| If, after careful investigation, it is determined that no | 19 |
| dollar estimate is possible, the note shall contain a statement | 20 |
| to that effect, setting forth the reasons why no dollar | 21 |
| estimate can be given. A brief summary or work sheet of | 22 |
| computations used in arriving at community services impact note | 23 |
| figures shall be included. |
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| Section 25. Comment or opinion; technical or mechanical | 2 |
| defects. No comment or opinion shall be included in the | 3 |
| community services impact note with regard to the merits of the | 4 |
| measure for which the community services impact note is | 5 |
| prepared; however, technical or mechanical defects may be | 6 |
| noted.
The work sheet shall include, insofar as practical, a | 7 |
| breakdown of the costs upon which the community services impact | 8 |
| note is based. It shall also include such other information as | 9 |
| is required by rules that may be promulgated by each house of | 10 |
| the General Assembly with respect to the preparation of such | 11 |
| notes. The community services impact note shall be prepared in | 12 |
| quintuplicate, and the original of both the work sheet and the | 13 |
| note shall be signed by the Secretary of Human Services, or by | 14 |
| a responsible representative designated by the Secretary.
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| Section 30. Appearance of State officials and employees in | 16 |
| support or opposition of measure. The fact that a community | 17 |
| services impact note is prepared for any bill shall not | 18 |
| preclude or restrict the appearance before any committee of the | 19 |
| General Assembly of any official or authorized employee of the | 20 |
| Department of Human Services who desires to be heard in support | 21 |
| of or in opposition to the measure. | 22 |
| Section 35. Amendments. Whenever an amendment to a bill, | 23 |
| whether reported by a committee of either house or proposed | 24 |
| upon the floor of either house, substantially affects the |
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| figures stated in the community services impact note attached | 2 |
| to the measure at the time of its referral to the committee, | 3 |
| there shall be included with the report of the committee a | 4 |
| statement of the effect of the change proposed by the amendment | 5 |
| reported if desired by a majority of the committee. In like | 6 |
| manner, whenever any measure is amended on the floor of either | 7 |
| house in a manner that substantially affects the costs thereof | 8 |
| or the revenues to be derived thereunder as stated in the | 9 |
| community services impact note attached to the measure prior to | 10 |
| that amendment, a majority of that house may propose that no | 11 |
| action shall be taken upon the amendment until the sponsor of | 12 |
| the amendment presents to the members a statement of the fiscal | 13 |
| effect of his or her proposed amendment. | 14 |
| Section 40. Confidentiality. The subject matter of a bill | 15 |
| submitted to the Secretary of Human Services shall be kept in | 16 |
| strict confidence by the Department of Human Services, and no | 17 |
| information relating to the bill or community services impact | 18 |
| shall be divulged by any official or employee of the | 19 |
| Department, except to the bill's sponsor or the sponsor's | 20 |
| designee, before the bill's introduction in the General | 21 |
| Assembly. | 22 |
| Section 45. Severability. The provisions of this Act are | 23 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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