SB2352 98TH GENERAL ASSEMBLY

LRB098 08113 KTG 38204 b

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.

A BILL FOR

AN ACT concerning State government.

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 Long Term Care Rebalancing Note Act.

Section 5. Notes required for certain bills. 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. The statement or note shall also include an explanation of the methodology used to determine the estimated direct and indirect costs or estimated impact on FMAP. These statements or notes shall be known as long term care rebalancing notes.

As used in this Act:

"Revenues" includes, but is not limited to, changes to revenue received from Federal Medical Assistance Percentage (FMAP).

"Long term care rebalancing" has the meaning given to the term in paragraph (1) of Section 50-30 of the State Budget Law of the Civil Administrative Code of Illinois.

Section 10. Preparation of notes. The sponsor of each bill referred to in Section 5 shall present a copy of the bill, with his or her request for a long term care rebalancing note, to the State board, commission, department, agency, or other entity which is to receive or expend the appropriation proposed or which is responsible for collection of the revenue proposed to be increased or decreased, or to be levied or provided for. The long term care rebalancing note shall be prepared by that board, commission, department, agency, or other entity and furnished to the sponsor of the bill within 5 calendar days thereafter, except that whenever, because of the complexity of the measure, additional time is required for preparation of the note, the board, commission, department, agency, or other entity may so inform the sponsor of the bill and the sponsor may approve an extension of the time within which the note is to be furnished, not to extend, however, beyond June 15, following the date of the request. Whenever any measure for which a long term care rebalancing note is required affects more than one State board, commission, department, agency, or other entity, the board, commission, department, agency, or other entity most affected by its provisions according to the sponsor shall be responsible for preparation of the note. Whenever any measure for which a long term care rebalancing note is required does not affect a specific board, commission, department, agency, or other entity, the sponsor of the measure shall be responsible for preparation of the long term care rebalancing note.

Section 15. Requests for notes. Whenever the sponsor of any measure is of the opinion that no long term care rebalancing 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 majority vote of those present and voting in the house of which he or she is a member.

Section 20. Contents of notes. The note shall be factual in nature, as brief and concise as may be, and shall provide a reliable estimate 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, 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 long term care rebalancing note figures shall be included.

Section 25. Comments; work sheets. No comment or opinion shall be included in the long term care rebalancing 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 or savings upon which any appropriation measure or measure which is expected to cause an expenditure or savings of State funds is based and the expectable direct or indirect increase or decrease in State revenues, as the case may be, including, but not necessarily limited to, FMAP. 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 long term care rebalancing notes. The note shall be prepared in quintuplicate, and the name of the State board, commission, department, agency, or other entity preparing it shall appear at the end of the note and the original of both the work sheet and the note shall be signed by the head of the board, commission, department, agency, or other entity or by a responsible representative designated by him or her for the purpose.

Section 30. Appearance before committees. The fact that a long term care rebalancing 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.

Section 35. Amended bills. Whenever any committee of either house reports any bill with an amendment of such nature as will substantially affect the costs to or the revenues of the State as stated in the long term care rebalancing note attached to the measure at the time of its referral to the committee, there shall be included with the report of the committee a statement of the effect of the change proposed by the amendment reported if desired by a majority of the committee. In like manner, whenever any measure is amended on the floor of either house in such manner as to substantially affect the costs thereof or the revenues to be derived thereunder as stated in the long term care rebalancing note attached to the measure prior to such amendment, a majority of that 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 effect of his or her proposed amendment.

Section 40. Confidentiality requirements. The subject matter of bills submitted to boards, commissions, departments, agencies, or other entities for preparation of long term care rebalancing notes shall be kept in strict confidence and no information relating thereto or relating to the fiscal effect of any such measure shall be divulged by any official or employee thereof prior to its introduction in the General Assembly.

Section 45. Severability. The provisions of this Act are severable and, if any part or provision of this Act is void, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this Act.

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