Full Text of SB1224 97th General Assembly
SB1224 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1224 Introduced 2/8/2011, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
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Creates the Human Services Budget and Impact Note Act. Requires the Department of Human Services and the Department of Healthcare and Family Services to prepare and file notes concerning a bill's impact. Requires the bill's sponsor to file a statement identifying a preferred means of funding the costs to be incurred because of the legislation. Contains provisions regarding committee appearances; amended bills; and confidentiality requirements.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Human | 5 | | Services Budget and Impact Note Act. | 6 | | Section 5. Budget impact note required. | 7 | | (a) Every bill which creates a new program or service which | 8 | | will be provided by the Department of Human Services, or which | 9 | | expands the class of persons eligible for, or the level of | 10 | | benefits provided by, any existing program or service provided | 11 | | by the Department of Human Services, shall have prepared for it | 12 | | prior to second reading in the house of introduction a brief | 13 | | explanatory statement or note which shall include a reliable | 14 | | estimate of the probable impact of such bill upon the overall | 15 | | resident population of the Department of Human Services (if | 16 | | any) and the probable impact which such bill will have upon the | 17 | | Department's annual budget. | 18 | | (b) Every bill which creates a new program or service which | 19 | | will be provided by the Department of Healthcare and Family | 20 | | Services, or which expands the class of persons eligible for, | 21 | | or the level of benefits provided by, any existing program or | 22 | | service provided by the Department of Healthcare and Family | 23 | | Services, shall have prepared for it prior to second reading in |
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| 1 | | the house of introduction a brief explanatory statement or note | 2 | | which shall include a reliable estimate of the probable impact | 3 | | which such bill will have upon the Department's annual budget.
| 4 | | Section 10. Preparation of note. | 5 | | (a) Upon the filing of any bill described in subsection (a) | 6 | | of Section 5, the Secretary of Human Services, or any person | 7 | | within the Department of Human Services whom the Secretary may | 8 | | designate, shall prepare a written statement setting forth the | 9 | | information specified in subsection (a) of Section 5. Upon the | 10 | | filing of any bill described in subsection (b) of Section 5, | 11 | | the Director of Healthcare and Family Services, or any person | 12 | | the Director may designate, shall prepare a written statement | 13 | | setting forth the information specified in subsection (b) of | 14 | | Section 5. | 15 | |
The statement prepared by the Secretary of Human Services | 16 | | or the Director of Healthcare and Family Services, as the case | 17 | | may be, shall be designated a Human Services Budget and Impact | 18 | | Note and shall be filed with the Clerk of the House or the | 19 | | Secretary of the Senate, as appropriate, and furnished to the | 20 | | sponsor within 10 calendar days thereafter, except that | 21 | | whenever, because of the complexity of the bill, additional | 22 | | time is required for the preparation of the note, the | 23 | | Department of Human Services or the Department of Healthcare | 24 | | and Family Services may so notify the sponsor and request an | 25 | | extension of time not to exceed 5 additional days within which |
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| 1 | | such note is to be furnished. Such extension shall not extend | 2 | | beyond May 15 following the date of the request. | 3 | | (b) Upon the filing of any bill requiring the preparation | 4 | | of a written statement under subsection (a) of this Section, | 5 | | the sponsor of the bill in the house of introduction shall | 6 | | inform the Department of Human Services or the Department of | 7 | | Healthcare and Family Services, as appropriate, of the filing | 8 | | of the bill.
| 9 | | Section 15. Preferred funding source. Within 5 days after | 10 | | receiving the statement required in Section 10 and prior to | 11 | | second reading in the house of introduction, the sponsor shall | 12 | | file with the Clerk of the House or the Secretary of the | 13 | | Senate, as appropriate, a written statement identifying the | 14 | | sponsor's preferred means of funding the costs to be incurred | 15 | | by the legislation. The required identification shall be made | 16 | | by specifying either (i) the additional tax or other revenue | 17 | | source from which an amount equal to the costs identified are | 18 | | to be generated or (ii) the specific line item or items in the | 19 | | budget for the current fiscal year that would be reduced or | 20 | | eliminated to reach an amount equal to the costs identified. | 21 | | Section 20. Contents of note. The note shall be factual in | 22 | | nature, as brief and concise as may be, and shall provide as | 23 | | reliable an estimate, in terms of population and dollar impact, | 24 | | as is possible under the circumstances. The note shall include |
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| 1 | | both the immediate effect, and if determinable or reasonably | 2 | | foreseeable, the long range effect of the measure. | 3 | | If, after careful investigation, it is determined that no | 4 | | population or dollar estimate is possible, the note shall | 5 | | contain a statement to that effect, setting forth the reasons | 6 | | why no such estimate can be given. A brief summary or work | 7 | | sheet of computations used in arriving at the Budget and Impact | 8 | | Note figures shall be supplied.
| 9 | | Section 25. Note comments; worksheet. No comment or opinion | 10 | | shall be included in the note with regard to the merits of the | 11 | | measure for which the note is prepared; however, technical or | 12 | | mechanical defects may be noted. | 13 | |
The work sheet shall include, insofar as practicable, a | 14 | | breakdown of the costs upon which the note is based. Such | 15 | | breakdown shall include, but need not be limited to, costs of | 16 | | personnel, room and board, and capital outlay. The note shall | 17 | | also include such other information as is required by the rules | 18 | | and regulations which may be promulgated by each house of the | 19 | | General Assembly with respect to the preparation of such notes. | 20 | |
The note shall be prepared in quintuplicate and the | 21 | | original of both the note and the work sheet shall be signed by | 22 | | the Secretary of Human Services, or such person as the | 23 | | Secretary may designate, or by the Director of Healthcare and | 24 | | Family Services, or such person as the Director may designate.
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| 1 | | Section 30. Committee appearance. The fact that a Human | 2 | | Services Budget and Impact Note is prepared for any bill shall | 3 | | not preclude or restrict the appearance before any committee of | 4 | | the General Assembly, of any official or authorized employee of | 5 | | any State board, commission, department, agency, or other | 6 | | entity who desires to be heard in support of or in opposition | 7 | | to the measure. | 8 | | Section 35. Amendments; notes required. Whenever any | 9 | | measure is amended on the floor of either house in such manner | 10 | | as to bring it within the description of bills set forth in | 11 | | Section 5, no action shall be taken upon the amendment until | 12 | | the sponsor of the amendment presents to the members a | 13 | | statement of the budget (if applicable) and population impact | 14 | | of his or her amendment, together with a statement of the | 15 | | sponsor's preferred funding sources under Section 15, as | 16 | | required by this Act. | 17 | | Section 40. Confidentiality before introduction. The | 18 | | subject matter of bills submitted to the Secretary of Human | 19 | | Services or the Director of Healthcare and Family Services | 20 | | shall be kept in strict confidence and no information relating | 21 | | thereto or relating to the budget or impact thereof shall be | 22 | | divulged by an official or employee of the Department of Human | 23 | | Services or the Department of Healthcare and Family Services, | 24 | | except to the bill's sponsor or the sponsor's designee, prior |
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| 1 | | to the bill's introduction in the General Assembly.
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