SB1656 97TH GENERAL ASSEMBLY

LRB097 07422 RPM 47531 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1656

Introduced 2/9/2011, by Sen. Michael W. Frerichs

SYNOPSIS AS INTRODUCED:

New Act

Creates the Community Services Impact Note Act. Provides that every bill, except those making a direct appropriation, that creates a State mandate on privately owned or operated facilities and community service providers funded through the Department of Human Services for the purpose of serving individuals with developmental disabilities and mental illness, 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 its provisions on those facilities and providers and the probable impact that the bill will have upon the Department's annual budget. Provides that these statements or notes shall be known as "community services impact notes". Sets forth provisions concerning the preparation of the written statements by the Department of Human Services, votes on the necessity of community services impact notes, contents of a note, note comments and worksheets, committee appearances, amendments, and confidentiality. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning community services impact notes.

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 Community Services Impact Note Act.

Section 5. Applicability. Every bill, except those making a direct appropriation, that creates a State mandate on privately owned or operated facilities and community service providers funded through the Department of Human Services for the purpose of serving individuals with developmental disabilities and mental illness 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 its provisions on those facilities and providers and the probable impact that the bill will have upon the Department's annual budget. These statements or notes shall be known as "community services impact notes".

Section 10. Preparation. Upon the filing of any bill described in Section 5 of this Act, the Department of Human Services shall prepare a written statement setting forth the information specified in Section 5.

The statement prepared by the Department shall be filed with the Clerk of the House or the Secretary of the Senate, as appropriate, and furnished to the sponsor of the bill within 10 calendar days thereafter, except that whenever, because of the complexity of the bill, additional time is required for the preparation of the community services impact note, the Department may inform the sponsor of the bill, and the sponsor may approve an extension of the time within which the note is to be submitted, not to extend, however, beyond 5 additional days, following the date of the request. Such extension shall not extend beyond May 15 following the date of the request. The Department may seek assistance from other State agencies and statewide trade associations representing privately owned or operated facilities and providers of community services for persons with developmental disabilities and mental illness. If, in the opinion of the Department, there is insufficient information to prepare a reliable estimate of the anticipated impact, then a statement to that effect may be filed and shall meet the requirements of this Act. Except as outlined in Section 15, no bills for which a community services impact note has been requested may be placed on third reading until the note has been prepared and filed or until the Department has stated that there is insufficient information to prepare a reliable estimate of the anticipated impact according to the time frames outlined in this Section.

Section 15. Vote on the necessity of community services impact notes. Whenever the sponsor of any bill is of the opinion that no community services impact note is required, any member of either house may request that a note be obtained, and in that case the applicability of this Act shall be decided by the majority of those present and voting in the house of which the sponsor is a member.

Section 20. Contents of note. The note shall be factual in nature, as brief and concise as may be, and shall provide as reliable an estimate of the impact of the bill on community services for persons with developmental disabilities and mental illness in dollars and in addition, it shall include both the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure.

If, after careful investigation, it is determined that no dollar estimate is possible, then the note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. A brief summary or work sheet of computations used in arriving at community services impact note figures shall be supplied.

Section 25. Note comments; worksheet. No comment or opinion shall be included in the community services impact note with regard to the merits of the measure for which the community services impact note is prepared; however, technical or mechanical defects may be noted.

The worksheet shall include, insofar as practicable, a breakdown of the costs upon which the community services impact note is based. It shall also include such other information as is required by rules and regulations which may be promulgated by each house of the General Assembly with respect to the preparation of such notes. The community services impact note shall be prepared in quintuplicate, and the original of both the worksheet and the community services impact note shall be signed by the Secretary of the Department of Human Services, or by a responsible representative designated by the Secretary.

Section 30. Committee appearance. The fact that a community services 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 the Department of Human Services, or any State board, commission, other department, or agency or other entity that desires to be heard in support of or in opposition to the measure.

Section 35. Amendments; notes required. Whenever an amendment to a bill, whether reported by a committee of either house or proposed upon the floor of either house, brings that bill within the description of the bills set forth in Section 5 of this Act, no action shall be taken upon the amendment until the sponsor of the amendment presents to the members a statement or note (if applicable) consistent with the provisions of Section 20 of this Act.

Section 40. Confidentiality. The subject matter of a bill submitted to the Secretary of the Department of Human Services shall be kept in strict confidence by the Department of Human Services, and no information relating to the bill or community services impact shall be divulged by any official or employee of the Department, except to the bill's sponsor or the sponsor's designee, before the bill's introduction in the General Assembly.

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